118.At this juncture, the Commission would also like to allude to the
Complainants argument that the Victim's release in May 2007 was widely
reported in the media, and the Annual Report of the UHRC of 2006 also
referred to the Victim's detention without charge in 2006. Therefore, the
Respondent State was aware of the matter since May 2007, if not earlier,
and yet no investigations were carried out, before the Complaint was filed
before the Commission in May 2009, almost two years after the Victim's
release. TI1e Complainants therefore contend the Respondent State's
argument that the UHRC by its mandate can suo moto initiate
investigations yet fails to adduce any evidence that such an investigation
has been initiated in the Victim's case.
119.The Commission has held in Article 19 v. Eritre(J, that whenever there is a
crime that can be investigated and prosecuted by ·the State on its own
initiative, the State has the obligation to move the criminal process forward
to its ultimate conclusion, furthermore, where the State has_, had ample
notice of the violations, it ,should take steps to remedy / them. 30 The
Commission is therefore of the view that the Respondent State did have
ample notice of the Victims case from 2006 and as such s.h ould have
initiated investigations ·on the allegations made by the Victim in line with
Article 52(1) of the Constitution of Uganda, whic,h it did not do.
120.For the aforementioned reasons, it is the view of the Commission that
local remedies .though theoretically available, are not effective and/ or
sufficient. Therefore, the requirement to exhaust local remedies must be
dispensed with in the present Communication and thus holds that the
Complainants have complied with the requirements of Article 56(5) of the
African Charter.
·
121.For these reasons, the •Commission declares this
Admissible.
°Communication 275/03 - Article 19 v. Eritrea. Para, 72,78,
3
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