these characteristics is lacking, the local remedies cannot meet the
requirements stipulated in Article 56(5) of the African Charter.
41. In this Communication, the Complainant alleges that that the local remedies
were not available as a result of the fear and persecution which prevented the
victims from seeking public protection. On this point, the Commission makes
reference to its jurisprudence in the case, Law Office of Ghazi Suleiman v.
Sudan, where it decided that as the Complainant had been under threat and
persecution, he could not have had access to any remedies, which, in any case
were not available.5 Generally, the Commission considers that, as it pertains
in the case of its decisions in Jawara v. The Gambia and Aminu v. Nigeria,6
in situations where referral to local remedies in itself creates fear and
constitutes a risk to the life of the Complainant or the victim, such remedies
are deemed unavailable.
42. Under the case in point, the Commission notes that the alleged violations
were initially confined, at least, to a period of time between the introduction
of the concept of « ivoirité » in 1993 and the seisure of the Commission in
2006. The events that occurred in Côte d’Ivoire during that period are well
known internationally. In this case, the widespread acts of physical violence
targeting a specific section of the population, particularly people from the
North belonging to the Dioula ethnic group or people of Islamic religious
persuasion, were reported by several international organizations.
43. The Commission notes for instance, that the said violations were documented
and denounced, among others, by the United Nations Security Council and
other international non-governmental human rights organizations.7 The
Commission particularly notes that the sources mentioned in this context
help to identify the main perpetrators of the alleged violations as public
authorities, including the police force and the gendarmerie, as well as public
officials.8
44. Even so, the Commission clearly observes that the environment of
persecution and insecurity existing in Côte d’Ivoire at the time of the facts,
especially towards the targeted communities, could not have motivated the
See Law Office of Ghazi Suleiman v. Sudan Communication 228/99 (2003) AHRLR 144 (ACHPR 2003)
para 33.
6 Communication 205/97 (2000) AHRLR 258 (ACHPR 2000) para 13.
7 See Security Council Resolution 1464, para 7, U.N. Doc.S/RES/1464 (4 February 2003). See also Amnesty
International Report 2004 Côte d’Ivoire http://www.amnesty.org/en/library/asset/POL10/
004/2004/en/b1d27f7f-775c-42cc-87cb-94360efc0cec/pol100042004fra.pdf (consulted on 23 January 2014).
8 See Security Council and Amnesty International, op cit. See also, US Department of State, Bureau of
Democracy and Labor, Country Report on Human Rights Practices http://www.state.gov/j/drl/rls/
hrrpt/2005/61565.htm (consulted on 23 January 2014).
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