86. On the Complainants argument that if he lodged a case in the High Court, as a non-resident he would be required to pay for security costs, the Respondent State argues that the Victim could have lodged a complaint in the High Court as the Courts in Uganda have decided in various cases, such as in East African Holdings Ltd vs. Madavan HCCS 1181 of 1988, that the payment of security for costs is not mandatory but at the discretion of a judge. 87. The Respondent State submits that the UHRC' s funding has greatly improved 11 and is fully constituted with six full time Commissioners sworn in, in May 2009. Therefore, the Victim can notify the UHRC of his case to enable it initiate investigations in line with Article 52 (1) of the Constitution 1995(which permits the UHRC to instate suo moto investigations) and the decision of the UHRC in its Complaints Handling Procedure Manual 2008, that any person may bring an issue to the attention of the . Director of Complaints and Investigations that they believe requires a Commission initiated investigation. Complainants Admissibility Response to the Respondent :State's Submission on 88. The Complainants submit that the remedies referred to by the Respondent State are not available to the Victim because to effectively access the remedies would require the presence of the Victim in Uganda. The Complainants refer to the case of Anuak Justice Council v Ethiopia 12, where the Commission held that a remedy may only be available if the petitioner can pursue it without impediments or if he can make use of it in the circumstances of his case. The Complainants submit that the Victim therefore is not required to exhaust any local remedy which is found to be, as a practical matter, unavailable or ineffective. 89. The Complainants further submit that contrary to the Respondent State's assertion that his safety "is guaranteed once he enters into Ugandan territory to institute his suit", he could not and still cannot return to Uganda due to well-founded fears for his safety which existed at the time the initial communication was filed in May 2009, and which continue to exist today. 11 UHRC in its 2008 Annual Report acknowledged that there has been improvement in funding as reflected in the financial year 2008/2009 budget allocations. Communication 299/205- A1mauk Justice Council v Ethiopia, para. 51 . 12

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