292. The Respondent State submits that it has an indisputably effective judicial
system, whereby any victim of alleged human rights violations, whether an
individual or a legal entity, can be able to appeal against such violations, in
accordance with international human rights standards. According to the
Respondent State, this reality has been confirmed by countries reputed to
be the most fervent defenders of human rights, following the example of
Norway, in Norwegian Prosecuting Authority v. Bandora, and Canada, in
Mugesera v. Minister of Citizenship and Immigration, Minister of Public
Safety and Emergency Preparedness, as well as by international courts,
such as the ECHR in the case of Ahorugeze v. Sweden and the International
Criminal Tribunal for Rwanda in the matter of Prosecutor v. Jean Uwinkindi.
293. According to the Respondent State, having decided to act on behalf of the
alleged victims, the Applicant State had to prove that it had taken concrete
steps to comply with the rule of exhaustion of local remedies before its
courts, which it did not do in the instant case.
*
294. In its Reply, the Applicant State submits that the objection should be
dismissed. It argues that the diplomatic protection procedure is inapplicable
in human rights cases dealt with by regional courts with special jurisdiction
in the matter.
295. It adds that, in international law, diplomatic protection is part of the issue of
the treatment of foreigners on the territory of a State of which they are not
nationals. It notes that in the instant case, the Respondent State does not
contest that the facts of the case took place on Congolese territory, which
substantially deprives the situation of any possibility of considering, even
theoretically, the issue of diplomatic protection. It follows that the
requirement of exhaustion of local remedies does not apply in the instant
case.
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