showing how they might provide effective redress in the circumstances of the
case.’
55. The Complainants aver that the Respondent State failed to address, in its
submissions, the particular deficiency of the narrow definition of torture in
Egyptian law which would preclude any claim for torture by the Victim, and
which makes it impossible to exhaust domestic remedies. The Complainants
submit that the Commission, in SERAC v Nigeria, notes that where a right is not
well provided for, there cannot be effective remedies, or any remedy at all.12
56. The Complainants assert that compensation alone is not an adequate remedy for
the allegations of torture, and so an application for compensation is not necessary
to exhaust domestic remedies, either during detention or after it. They aver that
torture as an international crime requires investigation and criminal punishment.
57. The Complainants argue that there is no obligation to further exhaust domestic
remedies at this stage, because it would unduly prolong the procedure. They
state that given the length of time the Victim had already spent seeking justice
any requirement to exhaust additional remedies would lead to those remedies
being unduly prolonged.
Analysis of the Commission on Admissibility
58. Article 56 of the African Charter governs the Admissibility of individual
Communications.
59. The Complainants in this Communication state that all the requirements of
Admissibility under Article 56 have been met. The Respondent State argues that
the Complainants have not exhausted local remedies as required by Sub-Article
56(5) of the African Charter, but does not refute any of the factual allegations by
the Complainants.
60. After considering the submissions of the Complainants, the Commission is
satisfied that the conditions in the undisputed sub-articles have been met and
thus only analyses the contended sub-article based on the submissions of both
Parties.
61. The Respondent State avers that the Victim failed to re-submit his Complaint and
proceeds to list domestic laws and rulings which could have been used to
exhaust local remedies without relating them to the facts of the case. The
Complainants argue that there is no onus on the Victim to re-submit his
complaint and that the Respondent State should have initiated an investigation
since it had ample notice of the violations.
62. Article 56(5) of the African Charter embodies the principle of exhaustion of local
remedies, if any, unless the procedure would be unduly prolonged.
63. The Respondent State contends that the Complainants have not exhausted local
remedies because the Victim has not re-submitted his complaint after being told
that copies of his previous complaints went missing during the January 2011
12
SERAC v Nigeria (n 4 above), 37.
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