error of law in the lower Courts decision; and the file was closed. The Appellants appealed to the Federal Supreme Court‟s Cassation Bench and the Court found that there was no error in law and the substance of the appeal was not considered. 57. The Complainant argues that the case of Ato Bekele Welde Michael & 25 Ors v the State therefore demonstrates that the Regional Supreme Court considers cases similar to the Applicants only in instances where there has been an error of law. The Cassation Court does not consider the substance of cases. The law provides that in cases where they contain fundamental errors of law, the Federal Supreme Court shall have the power of cassation over the final decisions of the Regional Supreme Court rendered as a regular division or in its appellate capacity 16. For these reasons, the Complainant submits that the Applicants case would not have been considered by the superior Regional or Federal Courts given the above settled legal opinion. 58. The Complainant submits that the African Commission should follow its jurisprudence that if a Complainant cannot make use of a remedy in the circumstances of his case such remedy is unavailable17.Therefore in a case where the remedy exists in theory but the Applicants cannot use it to address their grievances in practice; those remedies are in effect unavailable. The Complainant further submit that the remedies are also insufficient since the existing local remedies do not adequately deal with the problem, because in an analogous case, the Courts held that there was no error in the lower Courts decision and they could not therefore proceed to consider the substance of the case. Article 10(2) Federal Negarita Gazeta of the Federal Democratic Republic of Ethiopia, 2nd Year No. 13, 1991. 17 Jawara v Gambia, op. cit., para 33. 16 17

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