exhaustion of all effective local remedies.9 In the same case, the Commission also
makes reference to a ruling of the European Human Rights Court which argues
that even where the Complainants have reasons to believe that the available local
remedies and the possible appeals are likely to be ineffective, they should still seek
these remedies considering that, “it is generally up to the victim to provide the
national courts with the opportunity to exercise the existing rights for
interpretation purposes”. In the instant case, the Victims did not prove that a
lawsuit was brought before the competent local courts in order to obtain redress
for the alleged acts of torture, which the Respondent State avers is criminalized in
the Criminal Code.
70. The African Commission observes that in this particular case, the Victims did not
provide evidence of having seized the competent courts, to have the perpetrators of
these acts of torture convicted and their seized movable and immovable property
restored.
71. The African Commission further observes that in failing to seize the local courts, for
the purpose of having the perpetrators of these acts of torture brought to justice,
and for the restoration of their property, the Victims did not provide the local courts
the opportunity to adjudicate on the matter.
72. Furthermore, in Article 19 versus Eritrea,
10
the African Commission was of the
opinion that “it was incumbent on the Complainant to take all necessary measures
to exhaust or, at least, to attempt to exhaust local remedies.”
73. The Commission therefore concurs with the Respondent State that the national
courts did not have the opportunity to find a remedy for the violations which are
9
Ibid, paragraph 84
Communication 275/03: Article 19 vs. Eritrea, para. 65
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