l'CHP11 (" f) 6�.ttE,� Human Rights ou, Human and Peoples' Rights Collective Respons1bihty 60. In the present case, the correspondence between the State and the UK officials, primarily the admission by the State that it was aware of the Complainant's arrest, means that the State was aware of the violations alleged and had ample notice and time to investigate these allegations. Based on this, the Commission finds that the failure of the Respondent State to take any action indicates that domestic remedies are either not available or, if they are, not effective or sufficient to redress the violations alleged11 . 61. The second and third arguments of the Complainant aver that even if he was required to exhaust local remedies, he could not do so. The question arises whether the Complainant could have attempted to exhaust local remedies during his detention and/ or upon his release. 62. Regarding exhaustion of local remedies during his detention, the Complainant submits that he was held in incommunicado detention, where he was denied access to a lawyer, the British Embassy, and his Family and could, therefore, not factually access domestic remedies. The Commission has noted in previous Communications that incommunicado detention of victims without charge and without legal or other representation effectively bars Complainants from accessing domestic remedies, if any12. Thus, during his incommunicado detention, which lasted for approximately 78 days, the Complainant could not factually access domestic remedies. 63. Regarding exhaustion of local remedies after his release, the Complainant submits that due to threats of re-arrest and re-imprisonment, the Complainant was afraid to access domestic remedies while in Sudan. In the Elgak case, the Commission noted that the question of availability of domestic remedies refers to whether the Applicant may use the domestic remedy "in the circumstances of their case." 13. In the instant case, based on the Complainant's allegations of torture, the document he was forced to sign preventing him from discussing his treatment while in Kober prison, his conviction, and the threats of re-arrest and imprisonment, the general environment of impunity surrounding torture in Sudanese prisons. 14; all expounded by the lack of investigation into his allegations of torture and the concerted effort by officials to prevent the 4,\surfacing of information on conditions in prisons, the Commission · 00 0 ,• u""' e,\l. f 1 A �/4 T ) t,) .{ ...� c,'<,, 11 12 13 14 Elgak case para 64. ":,, 0-<, 't Id, para 51. Id, para 54. ·, i_ i u-ull- "'8' · 0«- ""' United Nations Human Rights Committee (UNHRC), Report of the Independent Expert on the situation o �umaf), · \. qv the Sudan, A/HRC/36/63, 11-19 September 2017, hit s://daccess-ods.un or rTMP/16531 58.0686569 . ml· (..JI\( s�l¥ also''" ,/,:� 1:s UNHRC, Concluding observations on the fourth periodic report of the Sudan, CCPR/C/SDN/CO/4, 19 '' �2� http://tbinternet.ohchr.org/ layouts/treatybodyexternal/Download.aspx?symbolno=CCPR/C/SDN/CO/4 13 An Organ of the African (• ;� U nion \-..)2 African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombe North District, West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr au.int/0 0 a