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fact, or, in the words of the African Charter, their procedure would probably be
unduly prolonged."13
57. In the present Communication, the Complainants contended that the Respondent
State's disregard for the rule of law in combination with a general climate of fear
fostered by the Respondent State, which includes recent government campaign
against human rights activists, lawyers, journalists, marginalised communities and
the raids against the populations of South Kordofan and Blue Nile, renders any
potential remedy unavailable, as it exposes the Victims who seek to pursue legal
avenues to significant risks to their security.
.
58. The Commission recognised in Anuak Justice Council v Ethiopia that a remedy may
only be deemed available "if the petitioner can pursue it without impediments or
if he can make use of it in the circumstances of his case. The word~available' means
readily obtainable; 'accessible' or 'attainable, reachable" .14 ThEtConlmission also
held in John D. Ouko v Kenya that domestic remedies need not be exhausted where
doing so would put victims at risk of their life.Is
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.
59. The Respondent State's campaign against human rights activists, lawyers,
journalists, marginalised communities and individuals in South Kordofan and
Blue Nile demonstrate the genuine risk to victims seeking to take judicial steps
with a view to holding those responsible for human rights violations to account.
The Complainants submitted that human rights violations continue to be
committed in South Kordofan and Blue Nile on a daily basis with complete
impunity. No specific provisions exist in Sudanese law or practice that would
provide victims with protection. Under these circumstances, it would be
"reversing the clock of justice to request the complainants to attempt to exhaust
local remedies."16 Therefore, for the aforementioned reasons and in line with its
established jurisprudence, the Commission finds that domestic remedies were not
available for the Victims because of fear for their lives and existing risks to their
security.
60. The Complainants
also submitted that local remedies are not effective as there
exists broad provisions for immunities for SAP soldiers and Sudanese security
13
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