(;"~~\ACH PR I,} African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 23. By email dated 19 March 2021, the Secretariat received the Complainants' submissions on Merit, receipt of which was acknowledged in correspondence da ted 19 April 2021. 24. On 19 April 2021, the Commission transmitted the Complainant's submissions on Merit, to the Respondent State, notifying the State of the sixty (60) days it had, within which they were to make submissions on Merit. 25. The period of sixty (60) days lapsed on 18 June 2021. The Respondent State has neither made submissions on Merits, nor requested an extension to allow them to make the submissions, in accordance with the Rules of Procedure. The Commission therefore proceeds to decide on merit in light of the Respondent State's default. Admissibility The Complainants' submissions on Ad~is~r!?ility 26. The Complainants submit that the instant Communication satisfies all the requirements for Admissibility as outlined in Article 56 of the African Charter and present arguments in support of this submission. 27. The Complainants do not provide standalone arguments addressing sub-Articles 56(1), (2), (3), (4), (6) and (7) of the African Charter. However, the Complainants make several claims throughout their submissions, which speak to these subArticles and suggest that the Communication satisfies their requirements. Accordingly, the majority of the Complainants' submissions focus on sub-Article 56(5) of the African Charter. 28. In that regard, the Complainants admit that they have not exhausted or even attempted to exhaust domestic remedies but plead that the African Commission waive such requirement based on the doctrine of constructive exhaustion of domestic remedies. Specifically, the Complainants submit that domestic remedies do not exist, and are neither available, effective nor sufficient due to a climate of fear and impunity for human rights violations in Eritrea. /;UI1 LUI .. " ,:' ,0 -::~JJ s- Ch[T41i'1 .,~ .'. ._. () (.{ An 01'1)." of the AfriGan(~5\ Union ",,;W!