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ACH PR
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African Commission on
Human and Peoples' Rights
Human Rights our
Collective Responsibility
32. On 4 June 2015, the Secretariat sent a Note Verbale reference number
ACHPR/COMM/402/11-420/ /12/SUD/903/15
by post to the Respondent
State's Embassy in Senegal notifying the Respondent's State that it has been
granted a period of 30 calendar days from the date of the notification within which
to file its written observations; and that the Commission will proceed to adopt a
decision on the merits if the said observations are not received within the time
prescribed.
33. On 3 November 2016, the Complainants requested the Commission to stay
proceedings for a period of 12 months due to the 'steps that Were being taken by
the Respondent State to resolve the dispute locally.
34. With the time for the Respondent State to file its written submissions and after
repeated reminders to submit its response to the C01nplainal).t~~,
written brief on
the merit, the Commission has now proceeded to decide the case on the merit in
light of Respondent State's default.
Admissibility
The Complainants' Submission on Admissibility
35. According to the Complainants, in cases of serious and massive violations of
human rights, the Commission needs to interpret the requirement of exhaustion of
domestic remedies in light" of its dutYJo protect human and peoples' rights as
provided for in the African Charter." Further, "the condition that internal remedies
must have been exhausted cannot be applied literally to those cases in which it is
neither practicable nor desirable for the complainants or the victims to pursue such
internal channels of remedy in every case of violation of human rights. Such is the
case where there are many victims."!
36. The Complainants submitted that, in the present case, the Respondent's alleged
indiscriminate bombing campaign is estimated to have resulted in "hundreds of
thousands" victims, including internally displaced persons. According to the
Complainants.
non-governmental
organisations
(NGOs) reported
that
government authorities and the SAF forces committed mass human rights
violations throughout 2012,including indiscriminate daily aerial bombardment by
7
An Organ of the
African
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