Respondent State's submissions on admissibility 40. The Respondent State claims that the cases of those involved in the alleged violations that took place in the Gambella Region are currently pending before the Federal Circuiting Court and the Respondent, therefore, argued that domestic remedies have not yet been exhausted. The State provided a list of about nine such cases including their file numbers and previous and future dates of adjournments. 41. The Respondent State argues that the rule that local remedies be exhausted is not limited to individuals and also applies to organisations, including those in no way subject to the jurisdiction of the Respondent State. According to the Respondent, the Complainant could have sought redress from the domestic courts, the Judicial Administration Office, the Commission of Inquiry or the Human Rights Commission but did not. The Complainant has not, argued the State, shown the existence of any impediment to the use of these remedial processes or that such were unduly long. 42. Without indicating the status of the proceedings, the State argued that all those alleged of human rights offences associated with the Gambella incident of December 2003 were brought before the Federal Circuit Court. The State indicated that three domestic remedies were available to the Complainants: the competent courts, the Judicial Administration Officer and the Human Rights Commission but the Complainants failed to approach any of them. Provisional measures 43. The Republic of Ethiopia argues that the Complainant has sought only to present what it claims is prima facie evidence of violations and has not shown that if such alleged violations continue there will be 'irreparable injury', as required. Finally, the Respondent submits that the Government has presented sufficient evidence that it has taken adequate measures to rectify the situation and that the situation in general has stabilised and does not warrant any provisional measures from the African Commission. The Respondent State submits as follows: • In February 2004, the Office of the Prime Minister issued instructions to Federal institutions to assist the Regional Administration in safeguarding the security of the people and institutions and preventing further violence; soliciting the support of elders, the youth and civil servants in the effort towards sustainable peace, democracy and development; rehabilitating victims of the violence and internally displaced people; and bringing to justice those responsible for committing the violence and the destruction of property. • The Defence Forces, once deployed, protected the civilian population and allowed humanitarian assistance and rehabilitation. • The Federal Government, in cooperation with international agencies, coordinated humanitarian assistance to alleviate the suffering of the victims of violence and the displaced. • A Commission of Inquiry has been established to investigate the circumstances surrounding the crisis; charges have been filed against several individuals as a result. • The Government has organised various consultations and workshops with the participation of the local population which have proposed concrete solutions aimed at resolving the problems facing the region and have identified the root causes of the crisis. • The Federal Police have recently graduated more than three hundred police officers from the Gambella region to aid in maintaining law and order in the region once the situation has stabilised. Law Admissibility 44. The current communication is submitted pursuant to Article 55 of the African Charter which allows the African Commission to receive and consider communications, other than from States Parties. Article 56 of the African Charter provides that the admissibility of a communication submitted pursuant to Article 55 is subject to seven (7) conditions. The African Commission has stressed that the conditions laid down in Article 56 are conjunctive, meaning that if any one of them is absent, the communication will be declared 5

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