Nixon Nyikadzino v Zimbabwe
Further, the government has taken no clear action to halt the rising incidence of torture
and mistreatment of suspects while in custody of the police or intelligence services" 16 .
42. The Complainant further claims that Amnesty International has written that "the
perpetrators of human rights violations continued to enjoy impunity, and allegations
against state agents remained without investigation. The majority of abuses were
committed by ruling party supporters and police, security and army officers against
opposition supporters"17.
43. The Complainant argues that the pointlessness of any attempt by the Victim to pursue
local remedies is obvious. The Victim's torture, it is argued, was a result of his affiliation
with the NCA, a group that advocates for a new constitution for Zimbabwe and a return
to democratic governance. The Complainant submits because the attack was politically
motivated, there is very little chance that he could receive a fair hearing by independent
court in Zimbabwe, and that even if a brave judge resisted government pressure and
ruled in favor of the Victim, such a judgment and any concomitant order would likely be
ignored. In these circumstances, local remedies offer the Victim no reasonable prospect
of success and are therefore ineffective.
44. The Complainant contends that the African Commission's case law fully supports a
finding that local remedies in the case at hand are not available, effective or sufficient,
and that the Commission has recognized the impracticality of requiring the exhaustion
of local remedies where a person has been forced into exile, as well as where judicial
systems have become too vitiated, ineffective, and subject to outside influence that they
offer no reasonable prospect of a fair, successful trial.
45. The Complainant submits that Article 56(6) requires that Communications be submitted
within a reasonable period of time after local remedies have been exhausted. Where
exhausting local remedies is not possible, as in the case at hand, the Complainant avers
16
17
Human Rights Watch, Under a Shadow: Civil and Political Rights in Zimbabwe, 6 June 2003.
n 15 above
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11 th Extraordinary Session of the ACHPR