rule of exhaustion of local remedies, this Committee takes into account the
circumstances of each case, including the general context in which the formal
remedies operate and the personal circumstances of the complainant.
17.As established by ACERWC, the requirement to exhaust domestic remedies is
only with regard to remedies, which are 'available, effective and sufficient'. The
question that begs answer in the present communication is whether it can be
concluded that local remedies in the Respondent State are not available,
ineffective or insufficient based on the allegations made by the complainant.
18.1n the present case, the Complainants did not attempt to exhaust local remedies.
The Complainants are arguing that there are no local remedies to be exhausted.
19.1n their submission, the Complainant argued that the State is well aware of the
series of serious and massive human rights violations occurring and has taken
little or no steps to remedy those violations. According to the Complainants,
these impediments render local remedies unavailable to the victims.
20.The Complainants further submitted that the Egyptian judiciary has been used
by the regime as a tool of repression against many citizens including the
vulnerable. Noting that recently a Court has sentenced a four years old child to
life imprisonment for allegedly committing a crime 2 years ago and on the basis
of other reported incidents, the complainant argued that there is no functioning
judicial system in the respondent state.
21.Aithough the Complainant argued that the State is well aware of the series of
serious and massive human rights violations occurring in the respondent state,
they did not adduce any evidence to prove this allegation. A mere allegation
cannot be held to be adequate enough to the respondent state responsible.
From the submission of the Complainants, it cannot be concluded that the state
is well aware about the wrongs done to the victim. In this regard, the Committee
is not convinced by the submission of the Complainants.
22.On the other hand, as outlined above, the Complainants alleged that there is no
functioning judiciary in the respondent state as it has been used by the regime
as a tool of repression. Apart from casting vilification on the function of judiciary,
the Complainants have not buttressed their argument. In other words, they could
not prove sufficiently that this allegation is well founded. In the view of the
Committee, the Complainants are simply casting doubts about the
effectiveness/existence of the domestic remedies. In the case A V Australia,1it
has been noted that "mere doubts about the effectiveness of local remedies or
the prospect of financial costs involved did not absolve an author from pursuing
such remedies."
1
See the UN Human Right Committee A v. Australia, Communication No. 560/1993, para 6.4.
6