Ombudsman, which is mandated to investigate human rights violations. The African Commission holds that the internal remedy to which Article 56(5) refers entails remedies sought from courts of a judicial nature, and the Office of the Ombudsman is certainly not of that nature. 2 Specific Case of Talent Mabikka 46. With respect to the case of Tichaona Chiminya and Talent Mabika (Appendix 4), the Complainant claimed that they attempted to access domestic remedies as shown by the record of the High Court. In this case, the Judge ordered the transmission of the record of proceedings to the Attorney General with a view to instituting criminal proceedings against the murderers of Tichaona Chiminya and Talent Mabika. The Complainant stated that as at when the communication was lodged to the African Commission, no such prosecution had taken place. 47. The African Commission is in possession of a copy of the proceedings of the High Court of Zimbabwe relating to the Buhera North Election challenge and where Justice Devitte made an order with respect to the case of Chiminya and Mabika. From the proceedings, the High Court ordered that "in terms of Section 137 of the Act, the record of evidence must be transmitted by the Registrar to the Attorney General 'with a view to the institution of any prosecution proper to be instituted in the circumstances' and the attention of the Attorney General is drawn to the evidence on the killing of Chiminya and Mabika." The High Court Order was made on 2 March and 26 April 2001 and the Complainant argued that at the time of bringing the communication, about 8 months later, on 3 January 2002, there had been no prosecution of the suspected murderers. 48. The Respondent State argued that the order made by the High Court called upon the Attorney General to exercise his powers under Article 76 of the Constitution of Zimbabwe × 76 Attorney-General (4) The Attorney-General shall have power in any case in which he considers it desirable so to do (a) to institute and undertake criminal proceedings before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in such proceedings; (b) to take over and continue criminal proceedings that have been instituted by any other person or authority before any court, not being a court established by a disciplinary law, and to prosecute or defend an appeal from any determination in proceedings so taken over by him; and (c) to discontinue at any stage before judgment is delivered any criminal proceedings he has instituted under paragraph (a) or taken over under paragraph (b) or any appeal prosecuted or defended by him from any determination in such proceedings. (4a) The Attorney-General may require the Commissioner of Police to investigate and report to him on any matter which, in the Attorney-General's opinion, relates to any criminal offence or alleged or suspected criminal offence, and the Commissioner of Police shall comply with that requirement. [Subsection as inserted by section 12 of Act 4 of 1989 - Amendment No. 8] (5) The powers of the Attorney-General under subsection (4) may be exercised by him in person or through other persons acting in accordance with his general or specific instructions. (6) The powers of the Attorney-General under subsection (4)(b) and (c) shall be vested in him to the 4