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
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