has not contributed to slowing down the proceedings, the delay in the
proceedings can be only attributed to the Respondent State. they argue
that the long and unnecessary delay in the Dergue Trials was
occasioned by the inactivity and failure of the Respondent State to
proceed with the trials with the diligence required and without undue
delay.
158.
They conclude that the Victims were entitled to have their case
decided expeditiously and with priority by the national authorities. They
urge the African Commission to find for the Victims that the length of
time for which they had been held in custody pending trial and the
number of years it took for the trial court to come up with a judgment on
the merits to be excessive and unreasonable in the light of the
Respondent State‟s constitutional principles and international
commitments. This they say is in line with national and international
jurisprudence, including that of the African Commission, on the matter.
Respondent State’s Submissions on the Merits
159.
The Respondent State for its part, argues that local remedies are yet
to be exhausted. It argues that the Complainants have not yet
completed the local remedies available to them and therefore submit
that it is sufficient ground for dismissing the Communication.
160. The Respondent State further alleges that there is no conflict
between the Penal Code of Ethiopia and the International Convention
on the Prevention and Punishments of the Crime of Genocide. It argues
that the Complainant have made a lengthy argument regarding a
conflict between Article 281 of the Penal Code of Ethiopia and the 1948
International Convention on the Prevention and Punishments of
Crimes of Genocide to which Ethiopia is party and argue that their acts
would not constitute a criminal act.
161. The Respondent State further argues that firstly, the Complainants
were wrong in arguing that political crimes should be seen as out of
the purview of the Conventions as the Conventions do not prohibit
anywhere in its provisions the inclusion of broader definitions under
national laws. It underlines the fact that from the outset, the Penal
Code was issued in 1957 well before the Dergue came to power and
was not targeting any specific political or other group of Dergue
Regime.
162. Secondly, the Respondent State underlines the fact that the Dergue
officials have not denied that they have extra-judicially killed and
harmed innocent civilians and that they were committing the crimes in
violation of the existing criminal law to stay in power. It is worth
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