: ~~" ACH African Commission on Human and Peoples' Hiqhts Human Rights our Collective Responsibility ~had, t~e Commi~sion further hel.d thaf "if a Sta~e neglect.s to .ensure' the rights In the African Charter, this can be constitute a violation [under article 1], even if the State or its agents are not the immediate cause of the violation."89 In the present Communica~ionl the Commission has reached a conclusion that the Respondent State f~iled to protect the Victim and his family against discrimination, cruel land ill-treatment, and failed to guarantee his right to an impartial tribunal, access to a legal representative and his right to property. Consequently, the Commission finds that the Respondent State is in violation of Article 1of the African Charter. Decision of the Commission on Merits r' .1 "(' '.'~:~, ~'" , :,;.,'; ::~~e~n~~t:~~~~:::~:~w~:e _"._ . ican ". '_ , , <:" ,;""'~".~... »> S1fiSSiOP O~'Humanand i. That the Respondent State '- the Re;l1bliG{ig~Zimbab~e '~as violated Articles 1, 2, 3, 5, 6, 7(1) (d), 10 (1)~11, 13!'(.1), 14 and IS of the African Charter on Human and Peoples' Right; :",' ii. Requests the Repbbtic of Zimbabwe L a. Pay fair and adequate comp.Jsation to the Victim named in this Communication for the.compjrlsory acquisition of Charleswood . Estate artdf:a!lhis other properlies acquired pursuant to the Land "A~quisitioh\(~mendIT).~ftt)Ac~2002, including compensation for \):he land and all improvementrl therein, and the loss of his farm .equiprrrent .and livestock, in accordance with the principles guiding expropriation of priVate property under international law; I b. Promptly and independently fnvestigate, prosecute and punish all non-State actors responsible for the incidents of rape of the Victim's employees, cruel afd ill-treatment suffered by the Victim and his wife, the destruction of property and other violations of rights of all affJcted persons who were lawfully residing on the Victim's farms. '<::': 1,;',~~l~, ~~ iii.Inform the Commission, in accordance with Rule ..o~1flYell'"""'o,o~0 Commission's Rules of Procedure (2010), within one i :1iTIdr an \ i: ..,; rjf=~ u ,1/8 ((\Cij \, cg ~ 89 Communication 20. 74/92 - Commission ~J~, Nationale des Dr' its de l'Homme et des Lib~'1,',t!s~ had~aia./ itt{. ~"t e (/): AU-UA '\ "a_ ':)Q" <fJ " , '. ~:<t,~44j){15.&"'~ ~\)'<v ,if! '~,. oA1ME ET oE.s? -:9'~" ~ IS~ ,~",~,-",=~,,,, Q<? •.

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