69. The Respondent State submitted that Complainants have not exhausted local remedies as required by Article 56 of the African Charter since the current case is currently under adjudication. Ten (10) of the accused persons as well as two (2) organisations have so far been acquitted by the courts after examining the case and evaluating the evidence before it. Nine (9) accused have been ordered to defend the case instituted against them. Ten other accused persons are now facing amended charges of participating in terrorist organizations and not the planning, preparation, conspiracy, incitement and attempt of terrorist act. The Respondent State further submitted that the trial is on-going and that the defenders have been awarded an opportunity to defend themselves. In this regard, [t)here can be no grounds for bypassing the requirement of exhaustion of legal remedies." /I 70. The Respondent State submitted that the Complainants' allegations that Proclamation 250/2001 and Proclamation 251/2001 have ousted the court's jurisdiction are not accurate. The Respondent State further claims that the Council is established by the Federal Constitution to give professional support to the House of Federation which has been given power to interpret the Federal Constitution. 71. The Respondent State submitted that the Federal Courts have jurisdiction over cases arising under the Constitution, Federal laws and international treaties pursuant to Proclamation No. 25/1996. The Respondent State further submitted that, in practice, Ethiopian courts are mandated to apply the Constitution in carrying out their duties. 72. The Respondent State submitted that the court and parties to a case reserve the right to submit an application to the Council for constitutional interpretation. The Respondent State further submitted that the Council is not a political body but an independent nonjudicial organ working together with the House of Federation. 73. The Respondent State submitted that the House of Federation being the legislative branch of government with representatives from all the nations, nationalities and people of Ethiopia has been given the responsibility for safeguarding the Constitution by resolving conflicts as well as fostering cooperation and ensuring equality between Ethiopia's ethnic groups. In this regard, the House of Federation has the advantage of clarifying the clear intent of the Constitution due to the fact that it is a legislative organ which is composed of direct representative of the people. For instance, the House of Federation recently found in favour of a defendant in a constitutional case claiming the right of appeal as guaranteed in the Constitution.P 74. The Respondent State submitted that the allegation by the Complainants that there are no checks and balances among the various branches of the State is erroneous and unacceptable. The House of Representatives is the one that form and lead the executive and also approve the appointment of members of the executive and Judges. In this regard, the three branches of State operate independently and that the Parliament oversees the execution of laws. The Respondent State further submitted that constitutional interpretation can also be rendered by the House of Peoples' Representatives through legislative interpretation of Constitution or by the Judiciary in the application of cases.

اختر الفقرة المستهدفة3