60. In the instant Communication, the Complainant avers two reasons why
local remedies could not be exhausted which will be dealt with by the
African Commission consecutively.
61. Firstly, the Complainant states that due to the circumstances of the
Complaint, it is impossible for the Victim to exhaust local remedies. He
alleges that the Victim was forced to flee Zimbabwe, for fear of his life
after being tortured by the authorities in the Respondent State which was
provoked by his affiliation and activism as a human rights lawyer. Thus,
according to the Complainant, it would be impractical for the Victim to go
back to Zimbabwe and seek remedy from the national courts.
62. In response to the Complainant‟s argument that the Victim could not
exhaust local remedies because he fled the country, the Respondent State
submits that it is not a legal requirement to be physically present in the
country in order to access local remedies as provided in Section 24(1) of the
Constitution of Zimbabwe, Chapter 7.06, Section 50(1) of the High Court Act,
and Chapter 7.05 of the Supreme Court Act.
63. In perusing the Complainant‟s submissions, the African Commission
notes that there are no annexes in the Complaint as indicated by the
Complainant to support his submission, which makes it difficult to
ascertain the veracity of the allegations. It is noteworthy that several
correspondences have been made by the Secretariat to request for
additional information on Admissibility, as well as the annexes that were
said to have been attached to the Complaint. However, despite several
reminders, the Complainant has failed to respond. The African
Commission underscores that, evidence, including medical reports, names
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