that the case is pending before the courts of the Respondent State, that
remedies are available, effective and sufficient to address the matters
raised in the Communication. The Respondent State also insists that
the Special Prosecutor Office has sufficient and independent
mechanism to address the grievances and that the remedies sought are
beyond the mandate of the African Commission. The State submits
further that the Communication does not make reference to the African
Charter and fails to indicate the provisions of the Charter alleged to
have been violated, adding that the case has already been settled by
another international organ.
75. According to the State, the Complainant is required to provide a prima
facie evidence of an attempt to exhaust local remedies, noting that in
the present case, there are effective, and sufficient local remedies which
the Complainant‟s have not exhausted. The State pointed out that the
Complainants could have addressed their grievances to the High Court
or the Judicial Administration Officer or the Human Rights
Commission.
76. The State further avers that the right to a speedy trial alleged to have
been violated is embodied in Ethiopian laws, including in the
Constitution, and is a fundamental right recognized by international
human rights treaties Ethiopia has ratified, which by virtue of Article 9
(4) is an integral part of the laws of Ethiopia. Thus, according to the
State, the courts are bound to ensure the realization of this right.
77. The State acknowledges that in terms of Article 19 of its Constitution
“…where the interest of justice so requires, the court may order the
arrested person to remain in custody, or when requested, remand him
for a time strictly required to carry out the investigation. In
determining the additional time necessary for investigation, the court
shall ensure that the responsible law enforcement authorities carry out
the investigations respecting the arrested person‟s right to a speedy
trial”.
78. According to the State, these are legal safeguards that cancel the risk of
breach of the right of the accused to speedy trial. The State points out
that if the Prosecution‟s office or any other organ was therefore
engaged in an act that violates the victims‟ right to a speedy trial, they
could and should have called the attention of the court to the violation.
According to the State, there was no indication that the Complainants
resorted to this.
79. Regarding the Judicial Administration Council established by
Proclamation No. 24/1996, the State indicates that one of its powers is
to discipline judges who act in breach of disciplinary rules and if the
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