-r •. -~. .;.-- AC P African Commission on Human and Peoples' Ri.gbt~ Human Rights our Collective Responsibility 89. The Complainant submits that the I Privileges Committee of the 4th Parliament of Zimbabwe was biased torards the Victim, as majority of the members were from the Zimbabwe 4frican National Union - Patriotic Front (ZANU-PF), and predictably failed or refused to take into account all the relevant factors in their deter~ination. Further, the Complainant avers that the sentence imposed on the Victim failed to take into account the violations he had suffered at the hJnds of State agents, which led him to act in the heat of the moment and lin response to severe provocation. The Complainant submits that this was noted by Justice Sandura of the Supreme Court of Zimbabwe in a dissenting opinion, which stated that the sentence was grossly disproportionate to the s~t"i,Q.B~,J)),~SS of the offence I /' <e committed by the Victim, and was therefore JJ.~cons11· ional in terms of section 15 (1) of the Constitution of the R~R~l?lic 0 imbabwe, 1980 ,1,;"'~ (former Constitution of Zimbabwe). ",\, "'< ";:;-." -/_''''''''V''')f" /i.. "i~1t,~~.l:·,\,<\ :fu~:'~' refers to the desj§l?>J1,of tH~jJ=ommi~~jQn in Zimbabwe Lawyers for Human Rights and the nstituf¢~~r Hu,t{ianRigh{s;;a,~d,:Vevelopment in Africa v Zimbab;we where J J.at'\'4~~e~ Article ~;\l;ofthe African 90. The Complainant Charter, equality before and equ" btectl"()h;8+the law means equality with regard to interpre /i: on, apph n and'''i~~Qf,cement of the lawP Hence, the Complain e trea.thlent of the Victim as outlined above wa~:iru:iirect n of A, " 'of the African Charter. Alleged violation ~,":ticle:' \:}:,~'~. '\ ,;.\, 4 and 5 0, l frican Charter \' that rre ttl a,cks directed at the ,totality of the VICtl1~;Slife .amount~~>~~ tortur2~i!crue~,mhumar: or degradmg tre~trr:e~t. The co ant suBm*~§~th~t);tl1e acts of torture mclude: the extra-judicial executio~ 0 " f his ~riiprby~es, the rape suffered by two young female employe~§l t,~ lffiP§x"essaultmeted on the Victim and his employees, and the mi~,~~triage's~f£ered by the Victim's wife as a result of the actions of agents of\~ANU -PF, 91. T~e. Co~plainant;t?~~tends .4 92, The Complain. nt avers that the Victim was arrested on 9 October 2002, in Mutare and assaulted at the police s~ation while the Officer-in-Charge looked on.