Human Rights our Collective Hespons.bititv Complainants' submissions Communication. to pronounce on the Admissibility of the 52. In the present Communication, the authors have been indicated, the Communication is compatible with the provisions of the African Charter and the Constitutive act of the AU as it outlines a prima facie case of the violation of relevant Articles of the African Charter; it is not written in disparaging or insulting language, and the Communication has not been settled through other international procedures. 53. With regards to Article 56(5), the Complainants contended that they were not able to exhaust local remedies because domestic remedies were not available, effective and sufficient. It is in light of this submission that the Commission will proceed to determine on the availability, effectiveness and sufficiency of Sudanese local remedies to the Complainants. 54. The Complainants argued that there is no judicial system or mechanism in place in the Respondent State that can cope with the large number of victims in the present case and that it would be impracticable to expect victims to exhaust any remedies in Sudan as they are unavailable in fact". II 55. While the exhaustion of domestic remedies must in principle be considered in each individual case, the African Commission's jurisprudence in other cases of serious or massive violations of human rights committed in Sudan attests to the lack of effective remedies available in the Respondent State. In regard to massive human rights violations committed in Darfur, where "tens of thousands of people have allegedly been forcibly evicted and their property destroyed" the African Commission found that "in the present communication, the scale and nature of the alleged abuses, the number of persons involved ipso facto make local remedies unavailable, ineffective and insufficient."12 56. Similarly, the Commission found in Amnesty International, Comiie Loosli Bachelard, Lawyers' Committee for Human Rights, Association of members of the Episcopal Conference of East Africa v Sudan where hundreds of people were detained without charge and tortured that the seriousness of the human rights situation in Sudan and the great number of people involved renders such remedies unavailable in /I I\n Organ of the Afriqanc't)\ • African cornmtssf 31 Bijilo \. Union ,1ft'~7 https.rachpr.au.rnt/O (j D

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