with Interpol; the Namibian police lodged a request for assistance to the National
Central Bureau, and "a response is still awaited." 11
65. In conclusion, the Respondent State avers that the Victim has not met the requirement
of Article 56(5), given that there are sufficient and effective judicial remedies.
66. With regards to Article 56(6), the Respondent State submits that the Victim has not
met this requirement on account of the fact that the Victim has not exhausted the
available legal remedies. To buttress this, the State refers to the Commission's
jurisprudence in Majuru v. Zimbabwe and Desmond Nunugwo v. Federal Republic
of Nigeria. 12
67. In conclusion, the Respondent State avers that the Victim has not met the admissibility
requirements under Article 56(2), (5) and (6).
The Complainant's Additional Submissions on Admissibility
68. The Complainants reiterate their submissions on admissibility. The Complainants
submits that the requirement under Article 59(2) has been met, given that the Victim
travelled to Namibia where the alleged viola.tic;ms were committed, and thereafter
travelled from Namibia upon release from detention.
69. Regarding Article 56(5), the Complainants aver that the sufficiency of local remedies
relate to their ability to redress the Victim's complaints. The Complainants further
aver that the State was given the opportunity to provide a remedy for the violations,
but they were rtot sufficient.
70. Further, the Complainants infers from the reference of the new case that this new
criminal case was opened in May 2020 (03/2020), with Mr. Garboeb appointed as the
investigating officer. This was done by the State after the Complainants filed the
complaint before the African Commission. The African Com~ :ss
· ied the
parties of seizure by letter dated 13 November 2019. Upon se· 1ire th 1 0~ ""' . ants
filed submissions on Admissibility on 21 February 2020 ~f is e
It nts
supmission that some of the State's actions taken in the ''ii_" in :es ·ga ·on
taken after receiving notice of the complaint filed before th
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11 Respondent State submissions, paragraph 37
12
Respondent State submissions, paragraph 42, 44
13
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