104. The Commission has addressed the rule of exhaustion of local remedies in
several of its decisions. In Free Legal Assistance Group and Others v
Zaire 23 and Recontre Africaine pour la Defense des Droits de l'Homme v
Zambia 24 the Commission held that the requirement on exhaustion of local
remedies is founded on the principle that a government should have notice
of human rights violations in order to have the opportunity to remedy
such violations before approaching an international body.
105.Accordingly, the submissions of the Parties in this case will be assessed in
light of the above.
106. The Complainants submit that while an individual alleging torture and
other ill-b·eatment in Uganda would normally be able to lodge a
Complaint before the Ugandan High Court or the UHRC, neither of these
options is available to the Victim as he is unable to travel to Uganda due to
his serious state of health ; his limited financial resources (since he is
unable to work as a result of his torture and other ill-treatment); and the
fears he has for his safety and security given the manner in which he fled
from Uganda.The Complainants further submit that the Ugandan Courts
and the UHRC do not present available, effective and sufficient fora in
which the Victim could seek a remedy and reparation. The Complainants
are therefore of the view that the requirement to exhaust local remedies
must be dispen~ed with in the present · Communication as domestic
remedies are unavailable, ineffective and insufficient. As a result, the
Victim is not required to exhaust any,_ local remedy which is found to be, as
a practical matter, unavailable or ineffective.
107. The Respondent State in response argues that the Complainants have not
attempted to exhaust local remedies and still have both administrative and
judicial remedies left to pursue. According to the Respondent State, the
petitioners could approach both the UHRC and the Ugandan Courts. The
Respondent State thus argue that there is no proof that the Victim has
made any attempt to exhaust local remedies or provide evidence proving
that he is undergoing physical and financial constraints that prevent him
from exhausting local remedies.
108. The real question before the Commission is, in assessing this particular
situation, are the existing remedies available and capable of effectively
remedying the alleged violations suffered by the Victim? Therefore, a
23 Communkation 25/89, 47 /90, 56/91, 100/93 - Free Legal Assistance Group and Others v Zaire
(1995) para. 36.
Communication 71/92 - Recontre Africaine pour la Defense des Droits de l'Homme
(1997) para. 10.
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24
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