the East African Court, a regional judicial mechanism which is capable of granting
declaratory or compensatory relief, is one of the mechanisms envisaged under Article
56(7) of the Charter.
70.
The Commission also notes that the Judgment of the Katabazi case was delivered on
01 November 2007, essentially rendering the matter settled.
71.
Having established that the Katabazi case has been settled by a regional mechanism
which falls within the scope of Article 56(7), the Commission will proceed to
determine whether the present Communication involves the same parties and the
same issues as the case before East African Court.
72.
Regarding the question of whether the same parties were before the East African
Court and the African Commission, the Commission notes that the case before the
East African Court was brought against the Republic of Uganda by twenty two (22)
applicants, only one of whom is named; that is James Katabazi. However, in the letter
dated 13 August 2012, the Complainants conceded that the Victims were indeed
party to this case before the East African Court of Justice.
73.
The Commission further notes that while the Complainants have asserted that the
Victims “withdrew instructions and their participation before the East African Court
and opted to give their consent to Human Rights Network (HURINET) and ISISWICCE to bring their complaint before the African Commission,”23 the
Complainants have not adduced evidence to support the assertion that the Victims
withdrew from the Katabazi case. The Commission further notes that the Respondent
State averred that the Victims were applicants in the Katabazi case, 24 however did
not adduce any additional evidence in support of this claim.
74.
In light of the dearth of evidence to support or rebut this claim, the Commission
requested confirmation from the Registrar of the East African Court that the Victims
withdrew from the Katabazi case before the judgment was delivered. To this end, the
Commission has established that “Mr. Patrick Okiring and Mr. Samson Agupio who
were the 19th and 21st Applicants in the Reference, discontinued their reference
against all the Respondents by a notice lodged in this Court on 11th July 2007.”25 As a
result, the Commission is of the view that the matter has not been settled with respect
to the Victims, because they were not party to the suit when the judgment was
rendered by the East African Court on 01 November 2007.
75.
In light of the above, the Commission finds that the requirement of Article 56(7) has
been met.
76.
Accordingly, the Commission declares this Communication admissible.
23
Letter from the Complainants, Reference: HUR/95/10, 13 August 2012
Note Verbale from the Ministry of Foreign Affairs of the Republic of Uganda, Reference: AOG70/153/01, 01
October 2012
25
Letter from the East African Court, Reference: EACJ/C-4/VOL.1/23/13, 13 February 2013
24
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