EX.CL/717 (XX)
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his life or even those of his relatives, local remedies would be
considered to be unavailable to him’.
42.
The Complainant further argues that, when the second victim moved to the
Netherlands in 1995 and was able to work and obtain some resources to undertake
legal research and action, he and his family contacted several competent lawyers in
Mozambique but no counsel appeared available or willing to defend their interests
because of fear for their lives. The Complainant cites the African Commission’s decision
in Curtis Francis Doebbler v. Sudan63 which states that ‘in order to exhaust local
remedies within the spirit of the Article 56(5) of the African Charter, one needs to have
access to those remedies but if the victims have no legal representation it would be
difficult to access domestic remedies’.
43.
According to the Complainant, other reasons for the inability of the second victim
to exhaust local remedies are that the fear remains that harm may be inflicted on his
family living in Mozambique, and because he is still hopeful that his father may be alive
in the hands of the Government, he opted for a careful approach to deal with the matter.
44.
The Complainant also argues that it was only after the second victim made his
first trip to Mozambique in 1995, that he became aware that it was most likely that his
father had been executed and he decided to undertake legal action because the
Respondent State did not react to any request for information and local undertakings
proved unsuccessful.
45.
The Complainant submits that recently the second victim, still being actively
seized of the matter to gain information from the Respondent State, during President
Guebuza’s visit to the Netherlands on 27 February 2008, he personally presented a
letter to the President and subsequent correspondences took place between the victims
lawyers and the Human Rights Ambassador of the Dutch Ministry of Foreign Affairs.
46.
The Complainant submits that the second victim further went to Mozambique in
August 2007, for an extensive inquiry to ensure progress in the case of the first victim.
During this visit he managed to arrange two meetings with the son of Uria Simango (the
former Vice-President of FRELIMO in the 1960’s) and a meeting with Dr. Simeao
Cuamba (a high profile lawyer in Mozambique). Both meetings were unsuccessful.
Several letters were also sent to Sir Armando Emilio Guebuza, the current President of
Mozambique, requesting information of the whereabouts of the first victim. No reply was
ever received.
47.
The Complainant cites the African Commission’s decision in Communication
Legal Assistance Group, Lawyers Committee for Human Rights, Union
Interafricaine des Droits de l’Homme, Les Temoins de Jehovah v. Zaire64, where
the African Commission stated that ‘one of the rationale for the exhaustion requirement
Communication 236/200. Curtis Francis Doebbler/Sudan
Communication 25/89, 47/90, 56/91 and 100/93- Legal Assistance Group, Lawyers Committee for Human
Rights, Union Interafricaine des Droits de l’Homme, Les Temoins de Jehovah v. Zaire.
63
64