~,;':c~p:)ACH PR ( '.it African Cornrnission on m:m:(' ~ Human Rights our Collective Hespons.oititv Human and Peoples' Flights that these remedies would have resulted in the release of the Victim as contested by the Complainants and the findings of the COl Reports and the Nevsun case, paragraphs 26 to 27 supra. However, such claims speak more so to the accessibility and effectiveness of domestic remedies rather than their existence. 47. Regarding their second submission, this Commission is uncertain about the legal value of the claim that widespread and systematic violations of human rights render exhaustion of domestic remedies impractical or undesirable. This uncertainty stems from the dearth of legal meaning.or value ascribed to the terms "widespread" and "systematic" for purposes of judicial adjudication. The Commission, for the most part, has not determined the nature of "widespread" and "systematic" violations and their partic4'~~ implications for the exhaustion of domestic remedies. 48. The Complainants, however, elaborate on this submission by arguing that "the exhaustion rule is deemed inapplicable wQ~n-there is practice consisting of a repetition of human rights violations and official tolerance by State authorities towards such practice">. From that line of reasoning" the Commission gathers that the Complainants are attempting to argue that the' present Complaint reveals "massive" and ~;serious" violations of human rights. While these terms have not been used expli~hly, they are nevertheless the most prominent expressions in the Commission's lexicon that speak to the dispersal and periodicity of rights violations in a State. .Indeed, whenever Complainants allege widespread and systematic violations, the Commission conducts an analysis to determine the scale and gravity of the said violationstowards ascertaining whether they are "massive" and "serious" for purposes of waiving or invoking the exhaustion rule-". 49. As indicated above, towards determining whether violations are serious and massive, the Coriunission considers both the scale and nature or gravity of the alleged violations-e. In terms of scale, a violation is massive, where a significant number of people are targeted within a specific area or entirety of a State Party. In terms of nature, a violation is serious, where it is the product of a consistent and ::--.... //0'\ \ \\.l 1.1 A'I '" \'D /_,-0\\ x..G~E1l1Rll\r 1>( Complaint Addendum, para 30, Communication 467/14 - Ahmed lsmael and 528 Others v. the Arab Republic of para 170. 16 Communication 279/03 - Sudan Human Rights Organisation & Another v. Sudan (~09) 14 Eg{jpfhr~~eHR, o~)\ fIt (\ .~\ --l ~./ ~ 15 ~!, i~ '6 AnO-ganofthe . ,.-~ Af nqan' j, Union 1', Ul ~"~\ ,-'';. The African Commission 'ott H~~f~ p'u-u ,,12 ~ is Q'J:' au-baniti t: ~igJ}ts 31 Bljilo Annex Layout. Kombo Nd[~9iSBIC.i),,~~~~a~tiReg'On Phone: (220) 2 ",'4'~"ffh'6t~~5 Email: c;: i 04 (alafr;iGa-l::Jf)ion.orl< https:lachpr.au.inUO 0 D