49. Additionally, the Complainant did not demonstrate the unavailability, ineffectiveness, or inefficiency of such remedies, but instead, he described the lack of an effective remedy in general terms, stating that... "Individuals aggrieved be the trespasses upon their property rights and land disputes are habitually confronted with insurmountable impediments in their endeavor to access efficacious redress. The Somali judicature, tainted by the specter of 'oenality and administrative inefficiency, engenders onerous impediments, militating against individuals' pursuit of remedial justice." The Commission believes that this particular submission of the Complainant does not adequately demonstrate or satisfy the Commission that remedies at the domestic level are genuinely unavailable, ineffective, or inefficient, lacking significant attempts and evidence to support such claims. The Commission in the Anuak Iustice Council zz Etl1iopia6 Case highlighted that "it is incumbent on every complainant to take all the necessary steps to exhaust or at least attempt the exhaustion of local remedies. It is not enough for the complainant to cast aspersion on the ability of the domestic remedies of the state, due to isolated or past incidences." 50. Furthermore, the Commission notes that the Complainant has a lawsuit pending with the Mudug Regional Court, to reclaim property that he has not yet recovered from the land grabbers, as he indicated that the case is still pending before the Court. The Commission emphasised in the SOS Esclrwes U Mauritania case that the presence of ongoing internal procedures, lacking clear indication of their status, signifies that domestic remedies have not been fully exhausted? Although the Commission acknowledges the State's duty to investigate and administer justice for human rights violations, it is also essential for the Commission to ensure that the Complainants have exhausted all available local remedies through national judicial processes, to vindicate their rights. Mere knowledge or awareness of the violation by the State is insufficient to exempt the Complainants from meeting this requirement. Instead, the Complainants should actively pursue all domestic remedies to provide the State with the opportunity to address the alleged violations, through its national mechanisms, and thereby fulfill the complementary role of the Commission. 51. For these reasons, the Commission concludes that the Complainant did not exhaust domestic remedies, and none of the exceptions apply. Consequently, the Communication fails to meet the requirements stipulated in Article 56(5) of the Charter. HUM ANAn ETARIAT Article 56(6) 52. ssron According to the wording of Article 56(6) of the African Char should only admit Complaints that are submitted within a rea able P °»v ( <*. d 8§ vi/ I uU*m~ 6 Communication 299/05 Anuak Justice Council V Ethiopia (ACHPR) para 58. 7 Communication 198/97 S.O.S. Esclaves / Mauritania (ACHPR) para 15. e. Rl0£\\\'¥ we ET of o 2 Y" 5- 9 / ,' Q. _o*

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