90. The Complainants aver that the Commission has established that the mere
fact that a Complainant is located outside the Respondent State does not
provide an exception to the requirement to exhaust local
remedies 13 .However, the Commission has also consistently held that
Complainants who escape for fear of their life could not be expected to
return to the Respondent State to exhaust local remedies. Accordingly the
Complainants make reference to Rights International v Nigeria, where
the Commission held that the Complainant was "unable to pursue any
domestic remedy following his flight for fear . of his life" 14, Alhassen
Abubakar v Ghana, where the Commission held that it would not be
logical to require an individual to return ta,
State where he or she has
allegedly suffered violations of their fundamental rights and from which
he or she had fled, in order to bring a claim for reparc:1tion'fJ 5 and
particularly, in Gabriel Shumba v Zimbabwe, where the Complainant fled
Zimbabwe for fear of his life after having been tortured 1:>y the Zimbabwe
Republic Police, the Commission established that no attempts need to be
made to exhaust local remedies16 •
the
91. The Complainants submit that the. above facts are similar to those in the
present Communication because the Victim was arbitrarily arrested,
detained incommunicado and systematically tortured for almost two
years by individuals belonging to Ugandan Security Services, the
Ugandan Army and Ugandan Police1 7. The length of the arbitrary
detention and the severity of his to;ture over a long period of time
naturally instilled r. high level of fear in the Victim and left him physically
impaired and traumatized18 . The Complainants referred to the
Commission's decision in Jawara v The Gambia, where the Commission
held that "it would be reversing the clock of justice to request the
Complainant to attempt local remedies" .19
>
.
,,
'
92. The Complainants argue that the Victim's fear for his life if he returned to
Uganda is rein.forced by the absence of any legislation and any programme
that would provide protection against reprisals and threats, should he plan
to file a Complaint against the State Agencies that allegedly were
responsible for the violations forming the subject matter of the
13
Communication 219/1998-Legal Defence Centre v The Gambia,para 17.
14 Communication 215/98- Rights International v Nigeria, para 24.
15 Communication 103/1993-Alhassen Abubakar v Ghana, para 6.
16 Gabriel Schumba v Zimbabwe- paras 89, 90.
17 See initial Communication, Annex 2- the Applicants affidavit.
18 See initial Communication, Annex 4- Medical Report.
19 Communication 147/95- Sir Dawda K Jawara v The Gambia, para 40.