its previous jurisprudence,42 it held that the Complainant must seek to take all necessary steps to remedy their grievances at the national level and not merely cast doubts or aspersions on the futility of approaching the local courts or appealing to a higher judicial body. 104. The Complainants’ reliance on the conduct of the National Electoral Board and the Federal Supreme Court in cases relating to the 2010 election petition as reasons for not approaching the local courts with election grievances relating to the 2015 elections cannot amount to justifications for not exhausting local remedies. 105. The above notwithstanding, according to the Complainants’ submissions, the Commission notes in the present Communication that complaints were filed before the National Electoral Board, and nothing came out of the complaints. The Commission also notes that the Court of Cassation had previously ruled that there is no legal basis to contest the National Electoral Board and Federal Supreme Court decisions. No fora existed in the Respondent State that could provide the Victims with effective redress of the right to vote during the May 2015 elections. Therefore, while local remedies may be available, they do not seem effective or sufficient as they do not offer prospects of success and, consequently, may be incapable of redressing the present complaint. 106. In addition, regardless of the Victims’ failure to approach domestic courts due to the conduct of the National Electoral Board and the Federal Supreme Court, the Commission has previously adjudged that local remedies will be considered unavailable, ineffective, and inadequate where the State has failed to investigate violations and crimes brought to its attention. 107. that: Specifically, in Article 19 v Eritrea,43 the Commission adjudged Whenever there is a crime that can be investigated and prosecuted by the State on its own initiative, the State has the obligation to move the criminal process forward to its ultimate conclusion. In such cases, one cannot demand that the Complainants, the Victims, or their family members assume the task of exhausting domestic remedies when it is up to the State to investigate the facts and bring the accused 42 Communication No 372/09 - Interights (on behalf of Gizaw Kebede and Kebede Tadesse) v. Ethiopia & Com. 299/05 - Anuak Justice Council v. Ethiopia. 43 n 29 above, para 72 ~ 19 ~ African Commission on Human and Peoples’ Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/

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