Human Rights our Collective Responsibility 44. It was submitted according to the Commission's jurisprudence, that the generally accepted meaning of local remedies, which must be exhausted before any Communication/ Complaint procedure before the Commission, is the ordinary remedies of common law that exist in jurisdictions and are normally accessible to people seeking justice." 45. As outlined above, it is apparent that the ordinary remedies that were available to the First Victim were duly exhausted by the legislation, which barred the victim from accessing any other remedies that were ordinarily available. Without any argument from the Respondent State to the contrary, the Commission considers that the First victim duly exhausted local remedies. 46. Regarding the Second Victim, the Complainants have pointed out that the outcome of the First Complainants case, declaring the accused innocent of all the charges directly affects the ability of the Second Victim to exhaust local remedies because this has rendered the remedies unavailable or ineffective on the one hand and unduly prolonged on the other. 47. The Commission notes that the Second Victim brought a complaint before the ordinary prosecutor on 4 July 2011, describing the abuses to which she was subjected while in detention. The Commission notes further that this complaint was brought less than one month after the First Victim initiated proceedings against Dr EI Mogy. However, while the trial of the accused in the First Complainants case commenced on 20 December 2011 and was concluded on 11 March 2012, the case of the Second Victim saw no further progress following the transfer of the case from the ordinary prosecutor to the military prosecutor. 48. It is evident from the above that the State had ample notice of the violation but failed to take any measures to remedy same. While the case of the First Victim was expeditiously dealt with, not even an investigation was initiated following the Second Victim's complaint despite the seriousness of the allegations. The Commission observes that where allegations of serious wrongdoing, such as the infliction of torture or cruel, inhuman or degrading treatment or punishment have been brought to the attention of the State, it is under an obligation to initiate a prompt, impartial and effective investigation to establish responsibility for the wrongdoing. The African Commission

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