Nixon Nyikadzino v Zimbabwe 90. Moreover, the African Commission in Article 19 v Eritrea 28 has found that "it is incumbent on the Complainant to take all necessary steps to exhaust, or at least attempt to exhaust local remedies. It is not enough for the complainant to cast aspersion on the ability of the domestic remedies of the State due to isolated incidences". 91. The African Commission therefore is of the view that, as conceded by the Complainant, there is a chance that domestic courts could remedy the subject matter of the Complaint and hence the Complainant should have tried to pursue them instead of casting aspersion on the ability of the domestic remedies due to isolated or past incidences. 92. Non-implementation of decisions of courts by Zimbabwean authorities, as indicated above, is the third ground upon which the Complainant tries to justify why they have not attempted to exhaust local remedies. They argue that in cases where the judges have tried to act independently and have issued court orders in cases perceived to be politically sensitive and/ or contrary to government interests, Zimbabwean authorities have refused to enforce those orders, making remedies meaningless. 93. The Complainant makes particular reference to two cases wherein Zimbabwean authorities refused to investigate and prosecute torture claims despite court orders. Moreover, the Complainant refers to reports by Amnesty International and Human Rights Watch on cases of torture and human rights abuse by security and military personnel and the reported failure of Zimbabwean authorities to investigate and prosecute those responsible. 94. The Complainant in the case of Mr. Obert Chinhamo v Zimbabwe 29 case argued that even if local remedies were available, they were not effective because the State has the tendency of ignoring court rulings taken against it. The Complainant cited among others the High Court of Zimbabwe's decision in the Commercial Farmers Union Case and the 28 29 Article 19 v Eritrea, para 65. Mr. Obert Chinhamo v Zimbabwe para 83. 23 11 th Extraordinary Session of the ACHPR I Page

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