For lack of exhaustion of local remedies because the subject matter
of the petition before the African Commission is still pending before
a national court and entertaining it will interfere in the appeal and
might lead to contradictory findings with the Supreme Court;
The Communication lacks Locus Standi because the Communication
does not have a legal basis;
The allegation that elimination of political groups that was
perpetrated all over the country on a large-scale does not constitute
genocide, fails to pass the criteria for criminal act constituting
genocide and that the line of argument of the Complainants
concerning the inconsistency between the Penal Code of Ethiopia
and the International Convention on the Prevention and
Punishments of the Crime of Genocide, does not hold water.
According to the Respondent State, if there arises a conflict, the
matter should be referred to the House of Federation in accordance
with the Constitution of Ethiopia;
It mentions the African Commission‟s Communication Procedure
which clearly stipulates that a Communication which does not
illustrate prima facie violations of the African Charter by invoking
specific provisions of the Charter shall not be examined. In this
regard the Respondent State underscores that a number of
Communications presented to the African Commission were
rejected because the Communications, while they cited provisions
in the UN texts, failed to make any reference to the provisions of
the African Charter;37
167.
The Respondent State also refer to the African Commission‟s
Guidelines on Submitting Communications, where applicants are
expected to indicate the courts where they sought domestic remedies
and must attach copies of court judgments, writs of habeas corpus and
other relevant documents. They submit that the Complainants have not
attached any such evidences and documents and therefore their
application fails to comply with the Guidelines for Communication to
the African Commission.
168.
Finally the Respondent State argues that under paragraph 23 of
the Complainants‟ letter to the Chairperson of the African
Commission, their prayer of relief makes it very clear that the
Complainants do not see the African Commission as a source of their
relief but are rather seeking the establishment of another impartial
37
See Comm 68/92, 8/92 and 69/92.
38