EX.CL/717 (XX) Page 167 case of Jawara v The Gambia68 where the African Commission noted that the exhaustion of domestic remedies was one of the most important conditions for Admissibility of Communications, and held that ‘before a case is brought before an international body, the State in question should have the opportunity to remedy the situation through its own system’. The Respondent State argues that this has not happened. 59. The Respondent State argues that the same observation applies with respect to the second victim. Although the Complainant lists several attempts of which the second victim claimed to have tried to find answers of the whereabouts of the first victim, he did not grant the Respondent State the opportunity to remedy the situation through its own system. The Respondent State argues that none of the attempts were addressed to institutions of the judicial apparatus, which, besides being available since the time of the alleged detention of the first victim, were a reality, and effective and sufficient. 60. The Respondent State argues that the 1975 Constitution established the political, economic and social organization of the Mozambican State, and enshrines the separation of legislative, executive and judicial powers. It further argues that the Constitution guarantees the rights and freedoms of citizens, as well as, the principle of continuity of the preceding legislation, that is, from the colonial era, which did not contravene the Constitution. It argues that the Constitution also established the judicial organization, enshrining among other aspects, the fundamental rules and principles of the judiciary. It states that, Article 33 of the Constitution of the People’s Republic of Mozambique provides that: ‘The State guarantees the individual freedoms to every citizen of the People’s Republic of Mozambique. These freedoms include the inviolability of dwelling and the secrecy of correspondence, and cannot be restricted save in cases specially foreseen in the law.” It states further that Article 35 of the same Constitution states: “In the People’s Republic of Mozambique nobody may be arrested and subjected to trial except in terms of the law. The State guarantees the accused the right to defence’. 61. The Respondent State further argues that the periods of provisional detention are laid out in Article 308 of the Criminal Procedure Code, and Article 337 deals with the procedure for disregard of such periods. It argues that Article 312 of the Criminal Procedure Code also provides for (application for appearance before a judge), the right of a detainee to appear before a judge, and Article 315 provides for (“habeas corpus”). The Respondent State, therefore, argues that the Complainant could have had recourse to these rights before judicial instances already contemplated in Article 62, Chapter VI of the Constitution of the Republic (Judicial Organization). 62. Furthermore, the Respondent State argues that the Ministry of Justice provides legal assistance to citizens through the National Institute for Judicial Assistance (I.N.A.J) established under Law no. 3/86 of 16 April 1986. The Respondent State also argues 68 Communication 147/95 and 149/96 - Sir Dawda K. Jawara v The Gambia (2000)