49.
Additionally,
the
Complainant
did
not
demonstrate
the
unavailability,
ineffectiveness, or inefficiency of such remedies, but instead, he described the lack
of an effective remedy in general terms, stating that... "Individuals aggrieved be the
trespasses upon their property rights and land disputes are habitually confronted with
insurmountable impediments in their endeavor to access efficacious redress. The Somali
judicature, tainted by the specter of 'oenality and administrative inefficiency, engenders
onerous impediments, militating against individuals' pursuit of remedial justice." The
Commission believes that this particular submission of the Complainant does not
adequately demonstrate or satisfy the Commission that remedies at the domestic
level are genuinely unavailable, ineffective, or inefficient, lacking significant
attempts and evidence to support such claims. The Commission in the Anuak Iustice
Council zz Etl1iopia6 Case highlighted that "it is incumbent on every complainant to
take all the necessary steps to exhaust or at least attempt the exhaustion of local
remedies. It is not enough for the complainant to cast aspersion on the ability of the
domestic remedies of the state, due to isolated or past incidences."
50.
Furthermore, the Commission notes that the Complainant has a lawsuit pending
with the Mudug Regional Court, to reclaim property that he has not yet recovered
from the land grabbers, as he indicated that the case is still pending before the Court.
The Commission emphasised in the SOS Esclrwes U Mauritania case that the presence
of ongoing internal procedures, lacking clear indication of their status, signifies that
domestic remedies have not been fully exhausted? Although the Commission
acknowledges the State's duty to investigate and administer justice for human rights
violations, it is also essential for the Commission to ensure that the Complainants
have exhausted all available local remedies through national judicial processes, to
vindicate their rights. Mere knowledge or awareness of the violation by the State is
insufficient to exempt the Complainants from meeting this requirement. Instead, the
Complainants should actively pursue all domestic remedies to provide the State
with the opportunity to address the alleged violations, through its national
mechanisms, and thereby fulfill the complementary role of the Commission.
51.
For these reasons, the Commission concludes that the Complainant did not exhaust
domestic remedies, and none of the exceptions apply. Consequently, the
Communication fails to meet the requirements stipulated in Article 56(5) of the
Charter.
HUM ANAn
ETARIAT
Article 56(6)
52.
ssron
According to the wording of Article 56(6) of the African Char
should only admit Complaints that are submitted within a rea
able P
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6 Communication 299/05 Anuak Justice Council V Ethiopia (ACHPR) para 58.
7 Communication 198/97 S.O.S. Esclaves / Mauritania (ACHPR) para 15.
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