,(~;~)ACH PR ~.' ,m~_ African Commission on Human and Peoples' Rights Human Rights our Cotlecuve Hesponsrbilitv urging the Government to intervene in the matter with a view to preventing irreparable harm being caused to the victims". The Complainants noted that the AU, the UN and other international bodies have called on the Respondent State and the Sudan People's Liberation Army (SPLA) to end the violations in South Kordofan as early as 10 June 2011 and to end the violations in Blue Nile starting September 2011.6 /I 41. The Complainants submitted that the Respondent State failed to take any measures to respond to the human rights violations committed in South Kordofan and Blue Nile and there is no indication that the Respondent State had acted upon the information on the alleged human rights violations in South Kordofan and Blue Nile. 42. The Complainants further argued that remedies for human . rights violations as committed in South Kordofan and Blue Nile are ineffective and insufficient in the Respondent State. According to the Complainants, they are not required to exhaust any local remedy which is found to be, as a practical matter, unavailable, ineffective or insufficient. They cite the Co;mmission' s decision in Dawda Jawara v The Gambia, which states that: I A remedy is considered available if the petitioner can pursue it without impediment, it is deemed effective if it offers a prospect of success, and it is found sufficient if it is capable of redressing the compiaint.t 43. According to the Complainants, there are no effective domestic remedies for serious human rights violations such as those alleged in the Communication due to: (i) shortcomings in Sudan's legal framework, and (ii) a general climate of fear fostered' by the Respondent State that prevents Victims from seeking remedies against human rights violations committed by government officials. 44. The Complainants added that broad provisions for immunities for a range of State officials further means that any remedies" do not offer a prospect of success to victims of human rights violations in Sudan. In the present case, the violations are /I 6 United Nations, 'Sudan: UN calls for immediate end to reported army bombing of civilians', 7 September 2011,http://www.un.org/apps/news/story.asp?NewsID=39482&Cr=kordofan&Crl=&Kwl=blue+n ile&Kw2=&Kw3=; United Nations, 'Sudan: Ban urges end to fighting in Southern Kordofan and Blue Nil states, 2 September 2011, http://www.un.org/apps/news/story.asp?NewsID=39444&Cr=Kordofan&Cr1=&Kwl= . o~~, Kw2=&Kw3. (,~£iAR/4r ,:>" c,,<C; 7 Communication 147/95-149/96 - Sir Dauida K. Jawara v The Gambia, para 32. }' I~ 9 !0 0'" .o<,:'~ 0"" • <"«' I,)l. 'U All 0(9(1n of the AfriGanr.;···· \ Union ',,,,. https:lachpr.au.Int!O 0 a

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