has taken little or no steps to remedy those violations. According to the
complainants, these impediments render local remedies unavailable to the
victims.
25. The Complainants further submitted that the Egyptian judiciary has in general
been used by the regime as a tool of repression against many citizens including
the vulnerable. Noting that recently a Court has sentenced a four years old child
to life imprisonment for allegedly committing a crime 2 years ago and there are
other reported incidents, the Complainant argued that there is no functioning
judicial system in the respondent State. From the submission of the
complainants, it can be discerned that they did not approach any court to
expose the fact that the victim faced torture and to rectify the wrong done to the
victim.
26. From Section IX Article 1(d) of the Revised Communication Guideline, it can
be understood that there are exceptional circumstances in which the
requirement of exhaustion of local remedies can be left aside. In applying the
rule of exhaustion of local remedies, this Committee takes into account the
circumstances of each case, including the general context in which the formal
remedies operate and the personal circumstances of the complainant.
27. In the present case, there is no indication that the Complainants approached
the judicial system with a view to attempt to exhaust local remedies. The
complainants are arguing that there are no local remedies to be exhausted.
28. As the ACERWC indicated in its previous decisions, the requirement to
exhaust domestic remedies is only with regard to remedies that are 'available,
effective and sufficient'.6 The main question that begs a detailed look in the
present communication is whether it can be concluded that local remedies in the
Respondent State are not available, ineffective or insufficient based on the
allegations made by the complainant.
29. Although the Complainants argued that the State is well aware of the series
of serious and massive human rights violations occurring in the respondent
State, they did not adduce any evidence to prove this allegation. For any
allegation to be considered by the Committee, it should be backed by the
evidence that can prove it. A mere allegation cannot hold responsible the
respondent State. From the submission of the Complainants, it cannot be
concluded that the state is well aware about the wrongs done to the victim. In
this regard, the Committee is not convinced by the submission of the
complainants.
6
See IHRDA and other on behalf of Children of Nubian descent v. Kenya (n 3 above) para 28.
7