(~i)ACHPR ., ~nf." (llJJJ.£'., African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility back to Eritrea to seek justice from the national courts due to the overall political situation in the country as well their fear of persecution, 32. The Complainants argue that the Court decided in the applicants' favour finding that there was sufficient evidence to conclude that the applicants would not receive a fair trial in Eritrea as any domestic judge deciding in their favour would place his or her career and personal safety in jeopardy". The Complainants note that the above ruling was confirmed on appeal by the Court of Appeal for British Columbia in Araya v. Nevsun Resources Ltd'. The ComplainaJ)~§;~~~o note that the said rulings were mostly based on expert testimonies provided by two former senior judges in Eritrea, both of whom are also members of the Eritrean Law Society, the Second Complainant in this case. 33. The Complainants refer to the findings of the European Court of Human Rights in Akdivar and Others v. Turkef'", and submit that the rule of exhaustion of local remedies is deemed inapplicable for a State whose authorities have remained passive in the face of widespread and systematic human rights violations. The Complainant concludes that in such cases, it is neither practical nor advisable to pursue domestic remedies. .1, 34. The Complainants claim that ordinarily the victim or any other person based in Eritrea could have filed for a writ of habeas corpus in the High Court of Asmara, this being the place from which they allege the Victim was taken. They note that Articles '177 179 of the Transitional Civil Procedure Code of Eritrea allows for the filing of the said writ by any person in Eritrea. They argue, however, that due to the climate of fear and impunity, alleged above, no one would venture to file such an applicatiori due to safety concerns. to 35. The Complainants claim that alternatively, as entities based abroad, they could have filed for a writ of habeas corpus in the High Court of Asmara by mailing the application via courier services, such as DHL. They note, however, that procedurally and as a matter of general practice, submission of any application to Eritrean Courts by an entity not based in Eritrea is not possible except such entity has legal representation in Eritrea. They argue again that due to the climate of fear