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Ruling on Organised Violence and Torture - Gondo case
SADC Tribunal
December 09, 2010

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Judgment

Delivered by H.E. Justice Ariranga Govindasamy Pillay, President

The applicants are victims of violence inflicted upon them by the National Police and/or the National Army of the Republic of Zimbabwe (the Respondent). Consequent upon the acts of violence, the Applicants instituted proceedings against the Government of Zimbabwe in various Courts in Zimbabwe. They were successful.

The Courts also made orders for interest in respect of each award and gave costs to Applicants. The judment debts have not been paid. It is upon the non-compliance with the judgments or orders of the Courts that this application has been brought.

The Applicants' case is that the Respondent has violated Articles 4 (c) and 6 (1) of the Treaty of the Southern African Development Community, SADC (the Treaty) by:

(a) failing to ensure that effective remedies are available to them, and thus failing to act in accordance with the principles of human rights, and

(b) implementing measures likely to jeopardize the principles of human rights provided for in the Treaty.

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