45. In the light of the foregoing, the Commission notes, generally, that in this
particular case, local remedies did not exist. Even assuming the
Complainants had the opportunity of seizing the Supreme Court of the
matter, this remedy would not have been effective. The Commission
therefore concludes that the local remedies were exhausted.
The Commission’s decision on Admissibility
46. In view of the above, the African Commission on Human and Peoples’
Rights declares this Communication Admissible in accordance with
Article 56 of the African Charter.
Merits
The Complainants’ submissions on the Merits
47. On the merits, the Complainants allege that some Articles in the
provisions of the African Charter were violated. Furthermore, they submit
that the Respondent State violated a number of provisions in respect of
other international instruments and the domestic law. The alleged
violations of the African Charter relate to 2, 5, 7 and 18.
48. Concerning Article 2 of the African Charter which protects the right to
non-discrimination, the Complainants allege that, the fact that the military
court declared a closed-door hearing by preventing the media from the
trial with the exception of the military press corps subservient to the
regime in power was an act of discrimination.
49. In its Article 5, the African Charter guarantees that every individual shall
have the right not to be subjected to torture, cruel, inhuman or degrading
treatments. To buttress the violation of this provision, the Complainants
allege that being subjected to whipping by State security officers while in
detention, and to sentences of life imprisonment, are acts of torture. In
addition, they aver that such acts of torture extend to failure to publish the
judgment on the sentences, since by this act some of them wallowed in the
corridors of death for more than two years. Furthermore, they allege that
depriving them of the right to get in touch with their families is an
inhuman treatment.
50. Regarding Article 7 of the African Charter, the Complainants allege that
several rights related to fair trial have been violated. Concerning Article
7(1) (a), the Complainants allege that their inability to question the legality
and the duration of their preventive detention before a court is a violation
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