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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
necessary steps to investigate the matter. According to the Commission, the failure
to take any action means that domestic remedies are not available or - even if they
are - not effective or sufficient to address the alleged violations.P
64. The Commission therefore holds that local remedies in the Respondent State were
not available, effective and sufficient to the Complainants and hence the
Complainants are waived from exhausting local remedies pursuant to Article 56(5)
of the African Charter.
Decision of the African Commission on Admissibilitj" ..
65. In view of the above, the Commission declares the Communication
accordance with Article 56 of the African Charter.
admissible in
Merits
Summary of the parties' submissions
66. The only submissions on the merits that have been made before the African
Commission on this matter are those of the Complainants. Despite several Notes
VerbaLe to the Respondent State to file submissions on the merits, the latter has
neglected, failed or refused to do so.
Complainants' submissions
67. The case of the Complainants
following paragraphs.
before the Commission
is summarised
In
the
68. The Complainants submitted that the Respondent State committed massive and
serious violations of the provisions of Articles 1, 2, 3, 4,5,6, 7(1)(a), 9(1), 12, 14, 16,
18, 19, 20, 21 and 23 of the African Charter, in no particular order.
(i) Alleged violation of the right to life (Article 4 of the African Charter)
69. The Complainants submitted that the SAF, PDF and other forces of the Respondent
State carried out extrajudicial killings of a large number of persons living in South
Kordofan and Blue Nile in violation of Article 4 of the African Charter.