a Complaint within the framework of the domestic legal system4. The
Respondent State argues that according to the jurisprudence of the African
Commission, local remedies mean “all local remedies”5, which could be defined
as any domestic legal action that may lead to the resolution of Complaints at the
domestic level. Furthermore, Rule 114 of the amended rules of procedure of the
African Commission specifically affirms that all local remedies should be
exhausted unless the processes of such remedies are taking an unduly long time.
45. The Respondent State submits that as can be observed from the allegation of the
Complainant, the last step taken by the Applicants was to appeal to the High
Court of the Regional Government, however, is not the end of the story
regarding the judicial structure and arrangement of Ethiopia. If a party is
aggrieved by a decision of a Regional High Court, that party can appeal to the
Regional Supreme Court. In the extent that he is not satisfied with the decision of
the Regional Supreme Court and believes that the decision has basic error of law,
the party can still present the case to the Cassation Bench of that Regional
Supreme Court. It does not end even there. The Federal Supreme Court has a
power of cassation over any final decision by the Regional or Federal Courts
containing basic error of law. This is prescribed under Article 80 of the
Constitution of the Federal Democratic Republic of Ethiopia.
46. The Respondent State further submits that the Applicants did not exhaust local
remedies available at the Regional and Country level.. The Applicants at least
should have brought their case before the Regional Supreme Court or before the
appropriate judicial organs of Ethiopia. It is abundantly clear that the local
remedies are not exhausted. Therefore, the Respondent State submits that the
4
5
Communication 73/92, Mohammed L. Diakite v. Gabon. Para. 16.
Communication 107/92. Lawyers Comm. For Human Rights v. Tanzania.
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