zimbabwe lawyers for human rights and another v republic of zimbabwe communication 294 of 2004 2009 achpr 98 3 april 2009

zimbabwe lawyers for human rights and another v republic of zimbabwe communication 294 of 2004 2009 achpr 98 3 april 2009

The Commission found that the Republic of Zimbabwe violated Mr. Meldrum's rights under the African Charter by deporting him in defiance of court orders, thereby denying him due process, equality before the law, and freedom of expression. The State's actions constituted discrimination based on national origin and undermined judicial independence. The Commission held that the exhaustion of local remedies requirement was constructively satisfied due to the State's obstruction of judicial remedies.

Citation
zimbabwe lawyers for human rights and another v republic of zimbabwe communication 294 of 2004 2009 achpr 98 3 april 2009
Parties
Complainant: Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and Development (on behalf of Andrew Barclay Meldrum); Respondent: Republic of Zimbabwe
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
3 April 2009
Procedural Posture
Human Rights Communication / Decision on Admissibility and Merits
Outcome
Violation found; recommendations issued
Legal Topics
Freedom of Expression, Deportation of Non Nationals, Equality Before the Law, Due Process, Judicial Independence, Non Discrimination
Source Language
English
Human Rights Law Administrative Law Constitutional Law Freedom of Expression Deportation of Non Nationals Equality Before the Law Due Process Judicial Independence +1 more

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Parties

Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and Development (on behalf of Andrew Barclay Meldrum)

Complainant

Republic of Zimbabwe

Respondent

Procedural Posture

Human Rights Communication / Decision on Admissibility and Merits

Legal Issues

  1. 1 Whether the deportation of Mr. Andrew Meldrum violated his rights under Articles 2, 3, 7(1)(a)(b), 9, 12(4), and 26 of the African Charter on Human and Peoples' Rights
  2. 2 Whether the exhaustion of local remedies requirement was constructively satisfied due to the State's conduct
  3. 3 Whether the deportation was arbitrary and discriminatory

Ratio Decidendi

The Commission found that the Republic of Zimbabwe violated Mr. Meldrum's rights under the African Charter by deporting him in defiance of court orders, thereby denying him due process, equality before the law, and freedom of expression. The State's actions constituted discrimination based on national origin and undermined judicial independence. The Commission held that the exhaustion of local remedies requirement was constructively satisfied due to the State's obstruction of judicial remedies.

Court Disposition

Violation found; recommendations issued

Orders

  • Take urgent steps to ensure court decisions are respected and implemented.
  • Rescind the deportation orders against Mr. Andrew Meldrum and restore his permanent residence status.