Nixon Nyikadzino v Zimbabwe rights lawyer, Gabriel Shumba and others when these were arrested on false charges of treason, trumped up by the police. While the court ordered an investigation and prosecution of the perpetrators, who in this case are known, to date nothing has been done. 38. The Complainant refers to the jurisprudence of the European Court of Human Rights (ECHR) which the Complainant contends supports looking at a government's response to human rights violations to determine whether domestic remedies may be ineffective for all practical purposes. The ECHR has found: The (domestic exhaustion) rule is also inapplicable where an administrative practice consisting of a repetition of acts incompatible with the Convention and official tolerance by the State authorities has been shown to exist, and is of such a nature to make proceedings futile or ineffective. 13 39. The ECHR subsequently confirmed that the local remedies rule is not applicable where "national authorities (have remained) totally passive in the face of serious allegations of misconduct or infliction of hard by State agents, for example where they have failed to undertake investigations or offer assistance"14. 40. The Complainant claims the Zimbabwean Government fails to enforce court orders, ignores widespread human rights abuses by failing to investigate and prosecute perpetrators even where they are known and its agents actually carry out many of these human rights abuses, including the attack on the Victim. 1s 41. The Complainant also claims that Human Rights Watch has reported that "violent human rights violations are being carried out by uniformed army and police personnel. 13 14 Application No. 21893/93 - Akdivar and Others v Turkey (1993) ECHR Rep.143 para. 67. Mentes and Others v Turkey (1997) ECHR, 58/1996/677 /867, Report of Jusgements and Decisions 1997 - VIII para. 57. 1s Amnesty International, 2004 Report, Zimbabwe lO!Page 11 th Extraordinary Session of the ACHPR