44. The Commission recalls that an effective remedy will be one that ‘offers a prospect
of success’,20 and ‘upon success, the appropriate relief is one that is capable of
adequately and timely redressing the specific violation suffered’.21 It should also
be noted that a prospect of success of a remedy need not be ‘certainty or guarantee
of a favourable outcome for the complainant’ but simply an assurance of full and
fair examination of the legal issues and arguments.22 In determining the
propensity of a remedy to offer real prospects of success the Commission will
assess the nature of the complaint, the ‘general legal and political context’ of the
remedies, and the complainant’s personal circumstances.23
45. In the present case, the Complainant had the option to pursue an appeal but
decided not to do so on the strength of the legal advice she sought as averred. The
Commission notes that the First Complainant appears to have dispensed with her
right of appeal because she assumed or was led to believe that the outcome would
not be the one she favored. Furthermore, it is clear to the Commission that the First
Complainant through the information received from her legal advisors predicted
the likely outcomes, costs and duration of the Appeal without placing the issues
before the Appeals Court. It must be recalled that the First Complainant was
required to make use of all the local remedies, provided that they were effective
and sufficient to address the allegations of violations. The Commission refers to
the decision of the Human Rights Committee in Patino v Panama24 in which this
principle was reaffirmed. Reference is also made to the judgment of the African
Court on Human and Peoples’ Rights (The Court) in Nobert Zongo and Others v
Burkina Faso in which it was held that “the effectiveness of a remedy is measured
in terms of its ability to solve the problem raised by the Applicant”25
46. To determine whether the First Complainant was within her right to abandon the
appeal, the Commission must examine whether the appeal in the Respondent State
was an effective remedy offering a useful resolution of the First Complainant’s
complaint. The Commission recalls the long-observed principle re-affirmed in
Ahmed Ismael and 528 Others v. the Arab Republic of Egypt, that an effective
appeal procedure is one that ‘subsequent to the hearing by the competent tribunal
20
Communication 147/95-149/96: Sir Dawda K. Jawara v Gambia (The), 11 May 2000, para 31.
Communication 445/13- Human Rights Council and Others v. Ethiopia, 19 May 2016
22
Communication 445/13- Human Rights Council and Others v. Ethiopia, 19 May 2016
23
Communication 445/13- Human Rights Council and Others v. Ethiopia, 19 May 2016
24
Communication 473/1990, para 5.2 21 May 1994
25
Application 013/2011
21
13