Communication 341/07 - Equality Now v Ethiopia (i) In an interview with the Africa Regional Director of Equality Now on 9 January 2008, the Head of the Justice Bureau of Oromiya stated that no new charges had been filed by the Arsi Zone Prosecutors office against Aberew, and to date no one has been charged and no case pending; (ii) The Respondent State's own submission states that the Justice Bureau of Oromiya wrote to the Arsi Zonal Justice Department on 10 October 2007, regarding the institution of a further charge against Aberew - nearly two years after the Cassation Bench of the Federal Supreme Court gave its final decision, and almost three months after the Respondent State received notice of the Communication before the Commission; (iii) This is not a procedure within the powers of the Victim - Woineshet to pursue or not to pursue and it is not an effective remedy within the meaning of Article 56 (5) of the African Charter; and (iv) There has been undue delay in bringing the perpetrators to justice since Woineshet was raped nearly "seven " years ago when she was only 13 years old. 60. The Complainants further argue that they were in frequent communication with officials from the Ministry of Justice and the Justice Bureau of Oromiya throughout the appeal of the case, including the Cassation Bench of the Federal Supreme Court, who specifically informed them that no further avenues of appeal were available in the case. 61. They therefore contend that the initiation of new legal proceedings might be considered by the Respondent State as an alternative means of applying punitive measures to the perpetrator for the violation suffered by Woineshet, so as to correct the miscarriage of justice acknowledged in its submissions; but however, that, such proceedings have no bearing on the issue of whether Woineshet exhausted domestic remedies prior to filing a communication with the Commission. 62. Furthermore, the Complainants note that the Respondent State's submission indicates that the criminal charge against Aberew would be for violation of the provisions of Article 595 (1) of the Penal Code [of 1957], which stipulates that: "Whosoever has sexual intercourse or performs an analogous act with a minor of the opposite sex of more than fifteen and of less than eighteen years of age is punishable with simple imprisonment".