international organizations in response to the situation in Egypt; and evidence relating to the investigations disseminated by and faulty defense trial lawyers proceedings of the obtained individuals by the sentenced Complainant, to death and imprisonment. 38. In relation to the requirement that Communications shall be considered if they are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, the Complainant submits that both itself and the Victims have exhausted all local remedies. In this regard, the Complainant states that the death penalties handed down have all been declared final, given that they have bee� upheld by the Court of Cassation, the highest court in Egypt. In additio� it is submitted that no presidential pardons were granted in respect of these cases. 39. The Complainant refers to the test for the exhaustion of domestic remedies the Commission in Jawara v The G111nbi116 , as well as clarification in Alfre s set out by B. Cudjoe v Chana' that "the internal remedy to which Article 56(5) refers entails a remedy sought from courts available, of a judicial nature." it must also be Th considered Complainant argues whether it is that even if a remedy effective and sufficient. is The Complainant also refers to jurisprudence of the European Court of Human Rights, as quoted by the African Court on Human and Peoples' Rights related to the meaning of exhaustion of local remedies. B 40. The Complainant refers to the decision of the European Court of Human Rights inAkdivar and Others v Turkey, in which it held that situations of "martial law and characterized by seve e civil strife" the "risk and of reprisals against the applicants or their lawyers" provide no prospect of success of a domestic remedy, and thus amount to an exhaustion of local remedies." The Complainant submits that there are clear impediments to the availability of any local judicial remedies, especially in the highly repressive environment, and these remedies are neither effective nor sufficient. The Complainant avers that these fundamental impediments show that any local judicial remedy is not "sufficiently certain not only in theory but in p r ac ti ce ."10 6 Communication 147 /95-149/96 - Sir Dowda K. Jawara v The Gambia (2000) ACHPR para 31. 'Communication 221/98 - Alfred B. Cudjoe v Ghana (1999) ACHPR para 13. 8 African Court on Human and Peoples' Rights, Tanganyika Law Society v Tanzania, Judgement, Application No. 009/2011, 14 June 2013, para 82. 9 European Court of Hum'!)l: ts;;�kd1var and Others v Turkey, Judgement Application No //...,,,YJ\,. paras 73-75 ,, , , '* .., �· 21893/93, 16 September 1996, fl,. ��c1<.£T,1.,,,,/' · ...� 0 10 As above, para 52. � / 0 \ � /ii ; � " ';, , : . , ... ,, �J'��;� 1' 11�rP.,1i•rr;��j {�fl " , . , , --,?�' 8