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.