opportunity ‘to redress… within its own domestic legal system, the wrong alleged to have been done to the individual’.27 81. The Complainants invoke the exceptions to the above requirement and contend that the Communication satisfies Article 56(5) of the Charter. The Complainants specifically argue that domestic remedies are unavailable, inadequate, and inefficient, and therefore, it would be impractical, undesirable, and unreasonable to expect the Complainants to pursue and exhaust them. 82. In interpreting Article 56(5) of the Charter, the Commission has reiterated that the phrase ‘if any’ translates to the fact that only domestic remedies that are available, effective, and sufficient need to be exhausted by a Complainant before approaching the Commission. It is the Commission’s position that a domestic remedy is available when it can be pursued without impediment; it is deemed effective if it offers prospects of success and is sufficient if it can redress the complaint.28 83. The Commission’s consistent position on the principle of exhaustion of local remedies presupposes: i. the existence of domestic procedures for dealing with the claim; ii. the justiciability or otherwise, domestically of the subject matter of the complaint; iii. the existence under the municipal legal order of provisions for redress of the type of wrong being complained of; and iv. the availability of effective local remedies, that is, remedies sufficient or capable of redressing the wrong complained.29 84. The Complainants advance three main arguments about the nonexhaustion of local remedies: i. ii. The fact that the Communication is submitted on behalf of the entire Ethiopian electorate, and by extension, the scale of human rights violations and the number of victims involved; General fear of persecution of the victims; and 27 Communication No. 71/92 - Rencontre Africaine pour la Defence des Droits de l'Homme v. Zambia (n 1 above). 28 Jawara v The Gambia (n 3 above). 29 Communication No. 275/03- Article 19 v Eritrea, para 47. ~ 14 ~ 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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