11. The Complainant claims that the Ethiopian government's response to the December massacre has been grossly inadequate and disingenuous. The Complainant states that the government's initial position that no soldiers had taken part in the massacre had become impossible to defend and adds that the Commission of Inquiry set up by the Government was biased and ineffectual and did not investigate the behaviour of the Ethiopian Defence Forces as an organisation despite numerous reports. Complaint 12. The Complainant states that crimes against humanity, such as extrajudicial killing, torture, and rape, crimes that take place against the Anuak civilians is in violation of international law as well as a violation of Articles 4, 5, 6, 12,14 and 18 of the African Charter. The Anuak Justice Council urges the African Commission to intervene to prevent further human rights abuses of the Anuak by the Ethiopian government. 13. The Comp[lainant] further makes an urgent request for provisional measures under Rule 111 of the Rules of Procedure of the African Charter [sic] that the African Commission may intervene to "avoid irreparable damage being caused to the victim of the alleged violation". Request for provisional measures - summary 14. The Complainant, requests for provisional measures to the African Commission pursuant to Rule 111 of the Rules of Procedures of the Commission. The complaint relates to the alleged actions of the Defence Forces of the Federal Democratic Republic of Ethiopia. These actions according to the Complainant reveal a pattern of serious and massive human and peoples' rights violations by the Ethiopian Defence Forces. That, bound by the African Charter, the Federal Democratic Republic of Ethiopia, has and continues to violate Articles 4, 5, 6, 12, 14 and 18 of the African Charter. 15. The Anuak Justice Council therefore seeks the [African] Commission's intervention and issuance of Provisional Measures requesting that the Ethiopian government stops the human rights abuses of the Anuak pending a decision of the African Commission on the concurrent communication and is also seeking an in-depth study of the treatment of the Anuak by the African Commission pursuant to Article 58 of the Charter. 16. The Anuak Justice Council notes that it does not request the [African] Commission to evaluate the merits of this case rather, in this provisional measures submission, the Anuak Justice Council merely asks that the [African] Commission request that the Ethiopian government immediately stops the series of serious and massive violations of human and peoples' rights of the Anuak people prior to the issuance of a decision by the African Commission on the merits. 17. That the [African] Commission has jurisdiction to issue provisional measures under Rule 111 of the Rules of Procedure of the African Charter [sic], see Registered Trustees of the Constitutional Rights Project v. the President of the Federal Republic of Nigeria and Five Others[sic]. Similar to the Nigeria case, many Anuak have also been, and continue to be, sentenced to death. The [African] Commission should therefore find the Anuak situation as even more sever[e] and compelling than the Nigeria case and grant provisional measures. 18. The Complainant notes further that while the African Commission has not decided whether grants of provisional measures should be binding on State Parties, other international and regional human rights bodies have declared that provisional measures be binding on States including the European Court of Human Rights, Inter-American Commission, the International Court of Justice and the UN Human Rights Committee. Due to the severity of the situation that the Anuak find themselves subject to in the Gambella, in prisons throughout Ethiopia and as refugees in Sudan and Kenya, petitioners plead that the African Commission grant provisional measures and declare them binding on the Ethiopian government. 19. The Complainant seeks the [African] Commission's intervention and issuance of provisional measures requesting that the Ethiopian government stop human rights abuses of the Anuak, pending the decision of this Commission on the Anuak Justice Council's concurrent communication to the African Commission on the merits of this claim and further urges the Commission to find that its order of provisional measures in this case be binding upon the Ethiopian government. 2

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