if necessary, the criminal prosecution of those responsible. The Complainant maintains that it is the duty of
the state to ensure through its police force that, where there is a breakdown of law and order, the
perpetrators are arrested and brought before the domestic courts of that country. Therefore any criminal
processes that flow from this action, including undertaking investigations to make the case for the
prosecution are the responsibility of the state concerned and the state cannot abdicate that duty.
31. The Complainant argues that considering the pattern of harassment and intimidation, including the
vandalism and death threats which may have been intended to generate a fear of lynching (e.g. the attack
on his home in June, 2011, and the hostile occupation of the Popular Party's headquarters in December,
2011), as well as the fact that he has been publicly vilified by the Luanda party secretary of the MPLA,
Bento Bento, and the latter's subsequent appointment as governor of Luanda province in Angola, the
requirement of exhaustion of domestic remedies for admissibility of a Communication has been satisfied.
32. It is submitted further that the Victim reported his complaints of threats and vandalism to the police on a
number of times and no investigations or any other action has been taken. Instead of redress through an
effective investigation of his complaint, the Victim continued to receive a wide range of death threats to his
life, his family members and his close associates - which threats effectively impeded his access to local
remedies.
33. The Victim also lodged a complaint with the Attorney General based on the corruption report but to-date
no action has been taken by the Attorney General. The Complainants states that the Attorney General
informed the Victim that his Office will not proceed with the complaint against the President as it lacks
competence under the Angolan Constitution. There is, therefore, no remedy available under the Angolan
legal system. Rather than investigating the complaint, the Attorney General informed the Victim that he was
going to be charged with subversion, and was subjected to five hours of questioning by police officials and
prosecutors at the National Directorate of Criminal Investigations. Hence, it is the Complainant's contention
that there are no available domestic remedies, and, even if there are, they have been exhausted or are
otherwise ineffective in the circumstances.
34. In addition, the Complainant points out that any attempt to pursue judicial remedies at this point would
necessarily involve undue delay, particularly as Angola is nearing elections. In short, no effective legal
remedies exist that might be invoked to protect Mendes's right to life and other fundamental rights,
particularly in view of the risks to his person, family and associates that such further complaints could
entail.
35. The Complainant further contends that the Victim could not exhaust local remedies because there are
no provisions in the national laws of Angola allowing them to seek remedies for the violations alleged in
respect of the allegations of corruption. Articles 133 and 135 of the Constitution of Angola provide for
immunity for the head of state during and after his or her term of office. This implies that no local remedy
can be sought on the failure to investigate the allegations of embezzlement complaint. The Complainant
avers that the Attorney General indeed informed the Victim that his Office does not have the competence to
proceed with the complaint against the President.
36. The Complainant further submits that the issue of death threats and vandalism of the Victim's property
is intertwined with that of embezzlement of state funds by the President of the Respondent State, since the
death threats emanated from the fact that the Victim lodged a complaint against such embezzlement with
the Attorney General. It therefore urges the Commission to find that the President is indeed immune under
the Constitution of Angola in respect of the embezzlement accusations and, therefore, no local remedies
are available to the Victim. The Complainant submits that the Commission should dispose of all issues
simultaneously, including those on the death threats and vandalism since these issues cannot be divorced
from each other.
37. In addition to the foregoing, the Complainant stresses that the climate of violence and repression that
accompanied the planning and holding of street demonstrations in Angola, detailed in the complaint, has
made the exercise of fundamental rights for those involved in planning or participating in demonstrations, or
defending those arrested or whose rights are violated at demonstrations, quite dangerous. According to the
Complainant, the climate of fear existing in the country and the failure of the government to respond
effectively supports the argument that there is no effective domestic remedy available to address the
Victim's complaints. The Complainants argue that under the circumstances, his attempts to secure access
to justice were sufficient, and he should [list=a][*] either be deemed to have exhausted the available
remedies; or [*] be exempted from exhausting any available remedies due to their unavailability,
ineffectiveness and insufficiency.
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