However, where there is evidence of civilians being directly fired on (as
summarised below), the equation clearly changes. The evidence provides no
justification for the use of live ammunition directly against protestors.
5.7.
Causes of death and injury
The Commission heard evidence of allegations that persons with guns other than
the Army and Police could have been involved in causing the deaths and injuries.
The Commission was also shown video footage where persons standing outside
the Gorlon Building were saying that someone was shooting from that building.
However, no firing of any weapon is seen in that video and no person was killed
or injured at that location at that time. The Commission was handed a bullet head
and two cartridges by a Security Guard at Zimbabwe Congress of Trade Unions
(ZCTU) Head Office, who said that he had found a bullet head and a cartridge case
on the second floor and another cartridge case on the pavement outside the
building. The Commission has not received any concrete evidence that any persons
other the Army and the Police used guns during the protests on the 1st of August
2018.
The Commission received extensive evidence of the Army and the Police using live
ammunition and firing at civilians, including;
a. The video evidence of soldiers firing at civilians, such as the kneeling
soldier;
b. The ballistics expert found that an AK47 a bullet had been fired from the
street outside Gorlon House into the second floor and that shots had also
been fired into the third floor. The Commission heard evidence from the
legal adviser of ZTCU to this effect. There is video evidence of a soldier
firing into the building that could explain this damage;
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