The State, the Supreme Court‟s Cassation Bench and the Cassation Bench of the
Federal Supreme Court can only use their cassation powers to consider cases
where there have been an error on points of law, made by lower Courts is
flawed.
69. The African Commission in Article 19 v Eritrea and in Anuak Justice Council v.
Ethiopia held that: “it is incumbent on the Complainant to take all necessary
steps to exhaust, or at least attempt the exhaustion of local remedies”, adding
that: “it is not enough for the Complainant to cast aspersions on the ability of the
domestic remedies of the State due to isolated or past incidences”. The African
Commission further held that “arguing that local remedies are not likely to be
successful, without trying to avail oneself of them, will simply not sway this
Commission”. In these cases, the African Commission referred to the Human
Rights Committee‟s decision in A. v Australia, in which the Committee held that:
“mere doubts about the effectiveness of local remedies or prospect of financial
costs involved did not absolve the author from pursuing such remedies.
According to Article 80 (5) of the Constitution of Ethiopia, decisions of the
Regional High Court are appealable to the Regional Supreme Court. It is only
when the decision has a basic error of law that the Complainant‟s can appeal to
the Cassation Bench of the Regional Supreme Court. This is also illustrated in the
case cited by the Complainant in Ato Bekele Welde Michael & 25 Ors v The
State, where the Applicants in that case approached the Regional Supreme Court
appealing the decision of the Regional High Court, and thereafter approached
the Cassation Bench of the Regional Supreme Court appealing on the decision
having a basic error of law. Therefore the Complainant‟s argument that the
Regional Supreme Court considers cases similar to the Applicants only in
instances where there has been an error of law is flawed.
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