41. The Complainant submits that in particular the risks of reprisals against the accused or
their
defense
lawyers
show
that
there
is
no
prospect
of
successfully
pursuing
any
apparent appellate avenues and that it can, therefore, be concluded that local remedies
have been exhausted.
42. In
relation
to
the
requirement
that Communications
shall
be
considered
if they
are
submitted within a reasonable period from the time when local remedies are exhausted,
the Complainant states that the Charter specifies no time limit in this regard. It refers to
the
time
limit of six
months
after
exhaustion
of local
remedies
provided
for
in the
European Convention on Human Rights and the American Convention on Human Rights
as
relevant in
determining
what constitutes
a reasonable
Complainant states that the Complaint was submitte
period.
In
this
regard
the
on 17 November 2017, whereas
the dates for the final sentencing of the cases were as follows:
a)
Alexandria Protest
Killing on 24 April 2017; b) Metwally case on 7 June 2017; c) Kafr Al Sheikh Bombing on
19 June 2017; d) Rabaa Dispersal on 3 July 2.017; and e) the Qatar Espionage case on 16
September 2017.
43.
In relation to the requirement that Communications should not deal with cases that have
been settled by the State involved, the Complainant submits that the Respondent State
has
not
settled
the
case,
and
that
the
case
has
not
been
submitted
to
any
other
international human rights body.
44. In addition to its submissions on Admissibility, the Complainant further requests the
Commission to find that the Respondent State is in violation of the provisional measures,
which had not,peen implemented to date, and which were breached in relation to the four
individuals
45. The
at were executed.
Complainant
submits
that
of
the
twenty
death
penalties
to
which
this
Communication relates, four-individuals were executed after the Commission issued the
request for provisional
measures,
four
were
sentenced
in absentia,
and
thus
twelve
individuals are facing imminent execution. They request the Commission to refer the
matter to the Assembly of Heads of State and Government pursuant to Article 58 of the
African Charter and Rule 84(1) of the Commission's Rules of Procedure, and
whatever
other
action
deemed
appropriate
to
safeguard
the
rights
of
those
to take
facing
execution.
46. The Complainant in its admissibility submissions submits further evidence in relation to
the individual cases, which it claims shows the various injustices surrounding the trials
and verdicts, and which should be read in conjunction with the original Communica �
��,Z
�
�
�
�
/
'"
th
stCR
f?r.;r
�
AU-Ut.
�
�
� 4/!Rh:f\!Nt
-o�.,,\
;:
I
\)�'-�?;
�
·----