circumstance of the Complainant's case, the remedies are effective and sufficient.
63. To support his case, the Complainant cited the African Commission's decisions in the Jawara Case
and the cases of Alhassan Abubakar v Ghana7 and Rights International v Nigeria8 in which he said the
Commission found that the Complainants in these cases could not be expected to pursue domestic
remedies in their country due to the fact that they had fled their country for fear of their lives.
64. Having studied the Complainant's submissions, and comparing it with the above cases cited in support
of his claim, the Commission is of the opinion that the facts of the above cases are not similar to his case.
In the Jawara Case for example, the Complainant was a former Head of State who had been overthrown in
a military coup. The Complainant in this case alleged that after the coup, there was "blatant abuse of power
by ... the military junta". The military government was alleged to have initiated a reign of terror, intimidation
and arbitrary detention. The Complainant further alleged the abolition of the Bill of Rights as contained in
the 1970 Gambia Constitution by Military Decree No. 30/31, ousting the competence of the courts to
examine or question the validity of any such Decree. The communication alleged the banning of political
parties and of ministers of the former civilian government from taking part in any political activity. The
communication further alleged restrictions on freedom of expression, movement and religion. These
restrictions were manifested, according to the Complainant, by the arrest and detention of people without
charge, kidnappings, torture and the burning of a mosque.
65. In the Jawara case, the Commission concluded that "the Complainant in this case had been
overthrown by the military, he was tried in absentia, former ministers and Members of Parliament of his
government have been detained and there was terror and fear for lives in the country. There is no doubt
that there was a generalised fear perpetrated by the regime as alleged by the Complainant. This created an
atmosphere not only in the mind of the author but also in the minds of right thinking people that returning to
his country at that material moment, for whatever reason, would be risky to his life. Under such
circumstances, domestic remedies cannot be said to have been available to the Complainant". The
Commission finally noted that, "it would be an affront to common sense and logic to require the complainant
to return to his country to exhaust local remedies".
66. In the Alhassan Abubakar Case, it should be recalled that Mr Alhassan Abubakar was a Ghanaian
citizen who was arrested by the Ghanaian authorities in the 1980s for allegedly cooperating with political
dissidents. He was detained without charge or trial for over seven (7) years until his escape from a prison
hospital on 19th February 1992 to Cote d'Ivoire. After his escape, his sister and wife, who had been visiting
him in Cote d'Ivoire, were arrested and held for two weeks in an attempt to get information on the
Complainant's whereabouts. The Complainant's brother informed him that the police have been given false
information about his return, and have on several occasions surrounded his house, searched it, and
subsequently searched for him in his mother's village.
67. In the early part of 1993 the United Nations High Commissioner for Refugees (UNHCR) in Côte d'Ivoire
informed the Complainant that they had received a report on him from Ghana assuring that he was free to
return without risk of being prosecuted for fleeing from prison. The report further stated that all those
detained for political reasons had been released. [The] Complainant on the other hand maintained that
there is a law in Ghana which subjects escapees to penalties from 6 months to 2 years imprisonment,
regardless of whether the detention from which they escaped was lawful or not. On the basis of the above,
the Commission held that "considering the nature of the complaint it would not be logical to ask the
Complainant to go back to Ghana in order to seek a remedy from national legal authorities. Accordingly, the
Commission does not consider that local remedies are available for the Complainant".
68. In Rights International v. Nigeria, the victim, a certain Mr Charles Baridorn Wiwa, a Nigerian student in
Chicago was arrested and tortured at a Nigerian Military Detention Camp in Gokana. It was alleged that Mr
Wiwa was arrested on 3rd January 1996 by unknown armed soldiers in the presence of his mother and
other members of his family, and remained in the said military detention camp from 3-9 January 1996.
While in detention, Mr Wiwa was horsewhipped and placed in a cell with forty-five other detainees. When
he was identified as a relative of Mr Ken Saro-Wiwa he was subjected to various forms of torture. Enclosed
in the communication was medical evidence of Mr Wiwa's physical torture. After 5 days in the detention
camp in Gokana, Mr Wiwa was transferred to the State Intelligence Bureau (SIB) in Port Harcourt. Mr Wiwa
was held from 9-11 January 1996, without access to legal counsel or relatives, except for a five minutes
discussion with his grandfather. On 11th January 1996, Mr Wiwa and 21 other Ogonis were brought before
the Magistrate Court 2 in Port-Harcourt, charged with unlawful assembly in violation of Section 70 of the
Criminal Code Laws of Eastern Nigeria 1963. Mr Wiwa was granted bail, but while out on bail some
unknown people believed to be government agents abducted him and threatened his life by forcing him into
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