PART C: Protection against Torture: Procedures before the African Commission
and African Human Rights Court
The real concern of the Zimbabwean Government is evident in its response,
which concedes that it already had been given an opportunity to comment on the
fact-finding report.530 However, its opportunity came after the Commission had
adopted the report, and the Government viewed this as a procedural irregularity,
as the rules of natural justice had not been complied with. It is unclear, however,
whether the Zimbabwean Government communicated any of these concerns to
the Commission before the ‘bomb’ burst at the AU summit.
In its comments, the Government criticised the mission and report on a number
of grounds. The length and scope of the mission, which lasted only four days and
was restricted to Harare, was in its view not adequate to discern the ‘truth’. The
nature of the fact-finding process also came under scrutiny and the Government
argued that the Commission did not engage in an adequate verification process,
interviewing specific complaints and obtaining government responses only to
specific allegations.
530 Comments by the Government of Zimbabwe on the Report of the Fact-Finding Mission, contained
in Annex II of the ACHPR, 17th Activity Report.
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