The Complainant’s Supplementary Submissions on Admissibility
47.
Regarding the Katabazi case which was before the East African Court of Justice, the
Complainants aver that this Reference initially bore the names of all the 22 Peoples
Redemption Army (PRA) suspects; however for personal reasons both Mr. Samson
Agupio and Mr. Patrick Okiring withdrew instructions and their participation before
the East African Court, and opted to give their consent to the Complainants to bring
their complaint before the African Commission. The Complainants note that, as
testament and evidence of this fact, the consent and authorization forms of the
Victims were submitted to the Commission.
48.
Additionally, the Complainants contend that, notwithstanding the title naming all 22
suspects, the Court’s Judgment explicitly states that the reference was brought by
sixteen persons, of which Mr. Samson Agupio and Mr. Patrick Okiring were not
party. Accordingly, the Complainants submit that the arguments by the Respondent
State alleging that the Victims were parties to the Reference before the East African
Court of Justice were erroneous and misleading.
49.
The Complainants further aver that the Complaint before the Commission was in
relation to the actions of state actors which constitute violations of the African
Charter and the Constitutive Act of the African Union, which is different from the
reference brought before the East African Court of Justice, as this Court would not
have jurisdiction to hear complaints against violations of the Charter and
Constitutive Act by a Member State.
Oral Submissions
The Complainants’ Oral Submissions
50.
In oral submissions, the Complainants reiterated their written submissions, stating
that the Communication was submitted in accordance with the requirements of the
Charter: specifically the Complaint was submitted in a respectful manner and nonabusive language; the complaint related to violations of the Charter and the
Constitutive Act of the African Union. The Complainants averred that all available
local remedies had been exhausted, however the Respondent State had not heeded
the orders issued by the Constitutional and High Court in various decisions handed
down. The Complainants reiterated that the Communication was thus admissible
before the Commission.
The Respondent State’s Oral Submissions
51.
The Respondent State, in turn, reiterated its assertion on the exhaustion of local
remedies. It was observed that, under Article 23(6) of the Constitution, a person
arrested in respect of a criminal case is entitled to apply to court to be released on
bail. The Respondent State made reference to the UHRC, noting its powers and
functions, as established under Article 52 and 53 of the Constitution, and noting that
8