Resettlement and others,3 where he submits that no attempt has been
made to act upon orders of the High Court against the Commissioner of
Police.
31. The Complainant states further that, Zimbabwe Lawyers for Human
Rights has documented at least 12 cases since 2000 in which the State has
ignored court rulings. He submits that some of the most egregious
examples of non-enforcement of judicial rulings include the case of
Journalists Mark Chavunduka and Ray Choto who were abducted and
tortured by the army.4
32. The
Complainant
states
that
a
Supreme
Court-ordered
police
investigation in 2000 on the above case, but failed to proceed. Hence, it is
the Complainant‟s submission that the Victim has no prospect of success
in pursuing local remedies in Zimbabwe. It is also the Complainant‟s
contention that the uncertainty of the factual existence of a remedy for the
Victim is indubitable, and therefore lacks the requisite effectiveness.
33. Concerning Article 56(6) of the African Charter, the Complainant submits
that the Communication complies with the requirement under this Article.
He substantiates this argument by stating that where a Complainant is
unable to obtain redress locally, and is not required to exhaust local
remedies as in the instant case, reasonable time could be determined by
having regard to the date of violation and date of submission as practiced
in the Inter-American Human Rights System. The Complainant states that
it has only been less than four months since the violations occurred,
3
Supreme Court Ruling, (132-2000).
4
Justice system eroded by state non-compliance available at www.allaafrica.com.
8