Nixon Nyikadzino v Zimbabwe
9. The Complainant avers that the Victim had to walk for about 17 kilometers before
getting to a police roadblock at about 12.00 midnight, who assisted him to get transport
back home. According to the Complainant, the Victim told the police that he had been
robbed for fear of further victimization as the police and the military work closely
together. The Victim subsequently, the Complainant alleges, left the country for fear of
further torture and victimization and now lives in exile.
10. The Complainant submits that the Victim complained of headache, pain in shoulders,
pain in legs including feet, backache, chest pain, swollen and bloodshot eyes, and
abdominal pains. The Complainant alleges that the Victim experienced and continues to
experience trauma and hallucinations. The Complainant avers that on examination by a
doctor it was confirmed that the Victim had: extensive removal of hair; bilateral
subconjunctival hemorrhages; minor periorbital haematomas; and superficial bites on
the left shoulder and thigh2.
Articles alleged to have been violated
11. The Complainant alleges that the Respondent State has violated Articles 1, 2, 4, 5, 6 and
10 of the African Charter on Human and Peoples' Rights (the African Charter or the
Charter).
Prayers
12. The Complainant seeks the following relief:
i.
A declaration that the Government of Zimbabwe is in breach of Articles 1, 2, 4, 5,
6 and 10 of the African Charter;
ii.
A recommendation to the Government of Zimbabwe to comply with its
obligations under the Charter by investigating and prosecuting the perpetrators
of torture complained of in this case;
The Complainant has attached a copy of the medical affidavit as Annexure 1.
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11 th Extraordinary Session of the ACHPR