based on information verified by first-hand accounts of the events,
supported by means of affidavits.9
95. In respect of Article 56(5) which requires that Complainants exhaust all
local remedies before approaching the Commission, the Complainants
submit that the State has been given sufficient notice of the continuing
violations and has had ample opportunity to remedy the situation.
They argue that “the laws, procedures and practices have conspired to
make it impossible for the Dergue Officials to seek any viable local
remedies and/or made the remedies ineffective at best”.
96. The Complainants rebut the argument of the Respondent State on their
access to the High Court or the Judicial Administration Commission
(JAC) or the Human Rights Commission. In respect of the High Court,
they note that the SPO Proclamation forecloses the detainees‟ rights to
habeas corpus or a speedy trial, and that their request for individual
charge cannot be appealed against until the final verdict is given.10
97. In respect of the accessing the Human Rights Commission, they argue
that apart from the fact that the Human Rights Commission was
established nine years after the effective detention of the victims; the
former is expressly precluded by its establishing law from interfering
in cases before the courts at any level. Article 7 of the Ethiopian
Human Rights Commission Establishment Proclamation No. 210/2000
provides that “The [Human Rights] Commission shall have full powers
to receive and investigate all complaints on human rights violations
made against any person, save cases brought before … the courts of
law, at any level”.
98. In respect of the JAC, the Complainants submit that the body has
always been fully aware of the trials of the Dergue Officials, and has
chosen to remain a “disinterested spectator”.
99. They conclude that there is no remedy left for the Dergue Officials to
exhaust as they have exhausted all available local remedies.
Alternatively, they submit that should there be any reason to believe
otherwise,11 the Commission should allow them to be exempted from
9
The Institute noted that these affidavits could not be submitted at this stage of the proceedings,
until such time that it can bring the Commission‟s attention to the threat against the security of
the individuals who have earnestly requested to remain anonymous for fear of possible
government harassment. They however noted that the affidavits would be submitted at a later
stage if the Commission devises a mechanism of keeping the names of the individuals
confidential.
10
Para 14 of Complainants‟ submission on Admissibility.
11
Here, the Complainants note that where a State argues that a Communication before the African
Commission must be declared inadmissible because local remedies have not been exhausted,
then it has he burden of demonstrating the existence of such remedies. They thereby cited
Communication 71/92, Recontre Africaine pour la Defence des Droits de l’Homme vs. Zambia.
18