that there is a right of appeal from the UHRC to the High Court. The Respondent
State further noted while that the UHRC does not investigate any matter pending
before a court or judicial tribunal, and with regard to the order for compensation,
this remedy was not sought from the UHRC or High Court. The Respondent State
concluded that the Complainants had not exhausted the local remedies available to
them.
52.
Additionally, the Respondent State noted that the accused were charged before the
High Court, released on bail, and further charged before the General Court Martial,
which rendered the application for bail difficult to implement at the time, given that
the accused had been charged before another competent court for different offences.
The Respondent State noted that the condition for bail, not the right to bail under the
General Court Martial was still a subject of appeal before the Supreme Court, since
the Constitutional Court’s position was not clear, and concluded that the
Complainants had not exhausted local remedies given that the Supreme Court had
not pronounced itself in finality in the matter.
53.
The Respondent State also reiterated the assertion that the Complainants lodged a
petition before the East African Court of Justice, which was finally decided.
54.
In conclusion, the Respondent State averred that the Victims could still get remedies
locally.
The Commission’s Analysis on Admissibility
55.
Article 56 of the African Charter provides seven requirements, which must all be met
before a Communication can be declared Admissible by the Commission.
56.
From the submissions of the parties, the Admissibility of this Communication is
contested on two grounds; non-exhaustion of local remedies as stipulated in Article
56(5) of the African Charter, and on the grounds that the Communication deals with
a case which has been settled by the State involved, as stipulated in Article 56(7).
Given that the Respondent State has not contested sub-sections (1), (2), (3), (4) and
(6) of Article 56, and in the absence of any information to the contrary, the
Commission holds that the aforementioned sub-Articles of Article 56 of the Charter
have been met. The Commission will proceed to determine whether the requirements
under the contested sub-sections of Article 56 have been met.
57.
Article 56(5) of the African Charter states that Communications relating to human
and peoples’ rights shall be considered if they: “are sent after exhausting local
remedies, if any, unless it is obvious that this procedure is unduly prolonged.” The
Complainants submit that they have exhausted all local domestic remedies, in
accordance with Article 56(5) but have not obtained relief. In support of this, the
Complainants referred to release and declaratory orders the Victims applied for,
which were pronounced in favour of the applicants. The Respondent State, on other
hand, contends that because the Victims did not apply to have their case addressed
9