opportunity to investigate, the Complainant must prove that the violations had
been brought to its attention in a sufficient manner. In its jurisprudence the
Commission has held that the notice of the allegations to the State must be
"ample" .33
102. While the remedies which have to be exhausted are local judicial remedies,
there is no requirement that the actions to bring the violations to the attention
of the State in the case of criminal vfolations necessarily have to be only through
judicial avenues. The Complainant states that he informed the prison authorities
of the alleged violations, that it was disseminated through international and
national media, that a protest took place outside the offices of the National
Council of Press and Publications followed by the submission of a
memorandum for his release, that there was public advocacy for his release, and
a complaint was filed on his behalf with the National Commission of Human
Rights. The Commission finds that these steps were sufficient to satisfy the
requirement of ample notice to the State for purposes of institution of
investigations by the State, particularly given that the matter was reported to
the prison authorities, and therefore finds that there was a duty on the State to
investigate, and that failure to do so would render local remedies unavailable.
103. The next question which arises is whether the State had taken sufficient steps
to address the violations once they were brought to its attention. In its
jurisprudence the Commission has held that "a State which has received
allegations of violations will have a duty to investigate them and if it fails to do
so, then it will forfeit its prerogative to deal with the matter dornestically".34 ln
the current case, there is no evidence that the State had responded to the
reporting of the violations to the prison authorities, which demonstrates a
failure on the part of the State to investigate. The State however submits that
following the submission of the complaint to the NHRC, the police
administration had formed an inquiry committee which summoned the
Complainant for a hearing, but that the Complainant failed to appear before the
committee, and that the inquiry record is still open.
104. The Commission in its jurisprudence has held that that one must consider not
just whether a body is termed a court or judicial body at the national level, but
rather whether it has the 'competence to adjudicate complaints/ disputes' and
the remedy "must primarily conform to and operate in accordance with certain
fundamental legal principles". It must operate in strict observance of the
procedural guarantees of a fair hearing by a competent, independent and
impartial organ. It must be based on enforceable law from which the relief it
offers earns its mandatory or coercive force, as opposed to being merely
33 Communication 368/09 - Abdel Hadi, Ali Rndi E-t Ot/i
34 Communication 368/09 - Abdel Hndi, Ali Radi E-t Otiz
____
e 2014, para 47.
e 2014, para .47.
24 I Pa g f'