Complainant proceeds to set out the ways in which he alleges his rights under
Articles 1, 5, 6, 7, 9 and 16 had been violated, including through indefinite
detention without being heard by a judicial authority, beatings sustained during
his interrogation, the conditions of his detention, among others, submitting that
this makes a prima facie case for violation of his rights in that they are specific
enough and the Commission already found in its seizure decision that there had
been prima facie violation. He thus submits that he meets the requirements
under Article 56(2).
43. The Complainant submits that he meets the requirements under Article 56(3)
in that the language used is respectful and balanced.
44. The Complainant further submits that the Communication is based on the
Complainant's own experience, and is thus not based exclusively on news
disseminated through the mass media, noting that the facts presented in the
Complaint were transmitted to the legal representatives through Skype and
telephone correspondence, thereby meeting the requirement of Article 56(4).
45. On the question of exhaustion of local remedies under Article 56(5) the
Complainant submits that he does not have to exhaust this requirement, since
there are no available, effective and sufficient remedies in this case, making
reference to the Commission's jurisprudence in Amneshj International and Others
v Sudan;2 Monim Elgak, Osmnn Hummeida and Amir Suleman (represented by FIDH
and OMCT) v. Sudan 3 amongst other decisions, as well as decisions of the
African Court on Human and Peoples' Rights. 4 The Complainant submits that
1) there is no effective remedy available for arbitrary arrest and detention; 2)
there is no effective and sufficient remedy to challenge the human rights abuses
of the NISS and 3) that the Respondent State has failed to provide a remedy or
investigate the allegations despite ample notice and time to do so.
46. In relation to the first argument, the Complainant submits that the Commission
has held in its jurisprudence that the normal remedy for arbitrary arrest and
detention is a writ of habens corpus, so that a court may order the State authorities
to produce and incLividual and justify his imprisonment.5 The Complainant
states that on this ground the Commission has found that where a remedy of
habeas corpus does not exist at local level, there are no available remedies for the
victims of arbitrary arrest and detention to resort to.6
2 Communication 48/90, 50/91, 52/91, 89/93.
3 Communication 379/09, para 58.
Tal!ga11yika Law Society andJJ;iJ~ iRtr.~!J
Tanzania (2013) para 82; Application 004/2013, Lohi Issa Konat '
~(:t~fR?,i
5 Communication 153/96 - Constitutional Rights Project v Ni
m'?'pfrf~.- - - '
~
6 As above, para 10.
cf ..
4 Application 009/2011 & 011/2011,
'!an Rights Centre v.
aras 96 & 108.
c.,
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