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 lliPage 11 th Extraordinary Session of the ACHPR

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