95. It is, therefore, the Commission’s view that in the above circumstances,
it is impossible to identify all the Victims and, given the vast and varied
scope of the violations alleged, it would be impractical to expect the
Victims to exhaust local remedies, thereby impeding the Victims from
approaching the courts under those circumstances. This aligns with the
Commission’s jurisprudence in African Institute for Human Rights
and Development v. Guinea, wherein 5,000 Sierra Leone refugees
were detained, and an unknown additional portion of 300,000 Sierra
Leone refugees also experienced violations. The Commission found that
“an impractical number of potential plaintiffs would result in the domestic
court system becoming severely overburdened if even a slight majority of
victims chose to pursue legal redress.”35 The Communication was
declared admissible because it fell under an exception that exhaustion
was impractical due to the large number of victims.
96. Ultimately, recalling its jurisprudence in previous cases36 and
juxtaposing with the circumstances in the present Communication, the
Commission is inclined and holds that the present Communication falls
within the category of communications where exceptions to the
requirement to exhaust domestic remedies should apply, as it would be
unreasonable to expect the Victims to pursue local remedies deemed to
only exist in theory and not in practice.
97. On the second point, the Complainants alleged that the Victims cannot
resort to domestic remedies due to general fear of persecution. The
Complainants alleged that following the 2015 elections, clashes
between protesters and Government authorities in the Respondent
State resulted in the alleged deaths of hundreds of people, while others
were allegedly intimidated, arrested, detained, persecuted, and
harassed. Additionally, the Complainants stated that in the 2015
electoral period, Ethiopians could not freely publish their opinions
critical of the Government, publicly demonstrate, or hold their elected
representatives accountable without being subject to arbitrary arrest,
detention, or harassment.37
Communication No. 249/02: Institute for Human Rights and Development in Africa (on behalf of Sierra
Leonean refugees in Guinea) v. Guinea (2004) ACHPR, para 34.
36 Communication Nos 48/09, 50/91, 52/91, 89/93 (1999); Amnesty International and Others v. Sudan,
para 30; Comm. No. 338/07 (2010) Socio-Economic Rights and Accountability Project v. The Federal Republic
of Nigeria, para 67; Communication Nos. 25/89, 47/90, 56/91, 100/93 (1995) Free Legal Assistance Group
and Others v. Zaire; Communication No. 249/02: Institute for Human Rights and Development in Africa (on
behalf of Sierra Leonean refugees in Guinea) v. Guinea
37 See summary of Complaint.
35
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African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/