i.
Objection based on non-exhaustion of local remedies
88. The Respondent State avers that the Application is premature insofar as the
Applicant still had the option to exhaust the remedies available in the
national judicial system. It also submits that States should not be held
accountable for the failure of Applicants who seize international courts
before seeking redress in their national legal system.
*
89. In their Reply, the Applicants submit that the Respondent state has not fully
fulfilled its obligations of investigating the dumping of toxic waste. They
contend that the immunity granted to TRAFIGURA officials has the effect of
reducing the jurisdiction of the national commission of inquiry.
90. The Applicants further contend that in domestic courts, the Association of
Victims, which is a civil party to the proceedings, requested that the case be
transferred to another criminal court. Despite the suspensive effect of this
request, the trial continued until the verdict was delivered on the same day.
The Applicants also argue that the executive branch intervened insofar as
representatives of the Respondent State repeatedly contacted the President
of the Victims Association prior to the withdrawal of his application.
91. The Applicants further submit that they allege gross and massive violations
of human rights. In their view, the State’s objection should be dismissed,
given the large number of victims and the seriousness as well as multiplicity
of the violations. They contend that requiring each victim to pursue local
remedies would make it almost impossible to seize the Commission or the
Court, which in turn would impede these regional mechanisms from fulfilling
their mandate to protect Charter rights.
***
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