shumba v zimbabwe communication 288 of 2004 2017 achpr 142 30 june 2017

shumba v zimbabwe communication 288 of 2004 2017 achpr 142 30 june 2017

The African Commission found that the Respondent State violated Article 5 of the African Charter by subjecting the Complainant to torture and inhuman or degrading treatment, based on uncontested and substantiated medical and psychological evidence. The Commission found no violation of Articles 4, 6, 7, 10(1), or 14, as the evidence did not support claims of threat to life, arbitrary detention, denial of fair trial, interference with association, or unlawful deprivation of property.

Citation
shumba v zimbabwe communication 288 of 2004 2017 achpr 142 30 june 2017
Parties
Complainant: Gabriel Shumba; Respondent State: Republic of Zimbabwe
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
30 June 2017
Procedural Posture
Human Rights Communication (african Charter) / Merits Decision After Admissibility
Outcome
Partial finding for the Complainant
Legal Topics
Torture, Arbitrary Detention, Fair Trial, Freedom of Association, Right to Property, Exhaustion of Domestic Remedies
Source Language
English
Human Rights Law International Law Torture Arbitrary Detention Fair Trial Freedom of Association Right to Property Exhaustion of Domestic Remedies

Case Brief

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Parties

Gabriel Shumba

Complainant

Republic of Zimbabwe

Respondent State

Procedural Posture

Human Rights Communication (african Charter) / Merits Decision After Admissibility

Legal Issues

  1. 1 Whether the Respondent State violated Article 5 of the African Charter by subjecting the Complainant to torture and inhuman or degrading treatment
  2. 2 Whether the Respondent State violated Articles 4, 6, 7, 10(1), and 14 of the African Charter

Ratio Decidendi

The African Commission found that the Respondent State violated Article 5 of the African Charter by subjecting the Complainant to torture and inhuman or degrading treatment, based on uncontested and substantiated medical and psychological evidence. The Commission found no violation of Articles 4, 6, 7, 10(1), or 14, as the evidence did not support claims of threat to life, arbitrary detention, denial of fair trial, interference with association, or unlawful deprivation of property.

Court Disposition

Partial finding for the Complainant

Orders

  • Respondent State to pay adequate compensation to the Victim for torture and trauma caused.
  • Respondent State to carry out an inquiry and investigation to bring perpetrators to justice.