55. The Complainants submitted that their right to be presumed innocent until proven
guilty had been violated. The Complainants submitted that they should be exempted
from the exhaustion of local remedies since in Haregeuioin Gabre-Selassie v Ethiopia the
Commission held that "exception to the rule on the exhaustion of domestic remedies
would ... apply where the domestic situation of the State does not afford due process of
law" and "the right to a fair trial enshrined under Article 7."12 The Complainants further
submitted that the government have made concerted efforts to discredit the defendants
and establish their guilty in the public mind prior to trial via media including by using
the film "Land of Blood" (Akeldama). Additionally, the then Prime Minister, Meles
Zenawi, also declared the Complainants and others and their supporters to be terrorists
in a Parliamentary speech.
Respondent State' Submissions on Admissibility
56. The Respondent State submitted that the Communication does not comply with the
requirements stipulated under Article 56 of the African Charter.
57. The Respondent State submitted that the Complainants were suspected of violating the
anti-terrorism law of Ethiopia including by deliberately and collectively conspiring to
create an Islamic State. The Respondent State further submitted that in order to advance
their aims, the Complainants created a committee called "Islamic Religious Preachers
Group".
58. The Respondent State submitted that the Complainants had contemplated waging a
jihad (religious war) against the government declaring that it would not lead its people.
The Respondent State further submitted that investigations were carried out and the
perpetrators arrested and prosecuted in strict adherence to international human rights
law.
59. The Respondent State submitted that the current case is under adjudication before the
court and that no final decision has been rendered. The Respondent State submitted that
the current case falls within the jurisdiction of the Federal High Court.
60. The Respondent State submitted that there are several guarantees under the
Constitution with regards to the jurisdiction and independence of the judiciary. In this
regard, Article 37(1) of the Constitution guarantees the right to bring a justifiable matter
to, and to obtain a decision or judgement by a court of law or any other competent body
with judicial power. Article 78 of the Constitution further guarantees the independence
of the judiciary whilst Article 78(4) of the Constitution prohibits the establishment of
special or ad hoc courts which shall take judicial powers away from the regular courts
or institutions empowered to exercise judicial functions following legally prescribed
procedures. Article 79(2) of the Constitution protects the Ethiopian courts from
interference or influence of any governmental body, or government official or from any
other source. Article 79(3) of the Constitution affirms that the judges shall exercise their
functions in full independence and shall be directed solely by the law. The Respondent
State further submitted that it has exerted its efforts to ensure individuals' righ
constitutional rights are properly implemented and materialised in Ethiopia,
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12
Communication 301/05 - Haregeuioin Gabre-Selassie v Ethiopia (2013) para 45
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