The State notes that the Act makes provisions for visitors' entry permits and/ or
temporary residence permits to be issued to foreign ' trafficking in persons' victims, in
addition to exonerating foreign victims from contraventions of the Immigration
Control Act.
55. The Respondent State submits that a criminal investigation into the matter
commenced immediately, Reference 01/ 10/ 2017, and that a criminal case (Reference
CR 252/02/2020) has been opened after evidence establishing a prima Jacie case was
collected.
56. Regarding Article 56(5), the Respondent State refers to the Commission's
jurisprudence in Haregewoin A. GabreSelassie & IHRDA v. Ethiopia, w hich states
that "another rationale for the exhaustion requirement is that a government sh ould
have notice of human rights violation in order to have the opp ortunity to remedy such
violation, before being called to account by an international tribunal." The
Respondent State unequivocally refutes that it was give n otice and an opportunity or
ample time to respond to the alleged claims.
57. The Respondent State submits that, even though the Complainant obtained legal
counsel in Namibia and consequently in Ken ya, the Complainant never actually
sought legal recourse in the Republic of Namibia. The State submits that it was not
given ample notice of the alleged violations, nor given the opportunity to remedy it,
because no legal action was ever instituted against anybody or any institution.
58. The Respondent State notes that the Commission held, in Desmond Nunugwo v.
Federal Republic of Nigeria, that whereas the State had clearly failed to investigate,
the Commission should in addition be satisfied that the Complainants exhausted all
local remedies available to vindicate their rights through the national judicial
processes. The fact that the State knew or sh ould have known of the violation is not
enou gh to relieve the Complainants of fulfilling this requirement. Local remedies in
this regard sh ould be exhausted in respect of the alleged rights violations which are
brought before the Commission. Thus, it should be d etermined w
.., are any
judicial remedies at domestic level which could have b n pur-su~•◄
the
Complainants to compel the State and its responsible authori}:¥~
(.,s t al<e .,,.,s. t~ . to
undertake the requisite investigation and facilitate access
j_p tic~, ff)J i:tli rt' ts
allegedly violated.
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59. The Respondent State submits that the Victim has failed to indi b that n ~suc ~ eps
were taken, n either indicate that local courts were approach: j
~..,
11