The Respondent State's Submissions on Admissibility 38. The Respondent State in its submissions, objects to the grant of Provisional Measures by the Commission and urges the Commission to declare the Communication inadmissible. 39. The Respondent State submits that the Victim, being a jurist, is fully aware of the provisions of the Code of Criminal Procedure of the Republic of Angola, specifically, the legal requirements under which the government, through its relevant institutions, shall adopt appropriate measures with a view to protecting, defending and guaranteeing the rights of citizens, regardless of their status. 40. The Respondent State points out that the Code of Criminal Procedure of Angola, enacted in terms of Decree n? 19271 of 24 January 1931, and supplemented by several domestic laws, provides for the lodging of criminal complaints. It refers to Articles 6 and 7 of the Code which govern the conditions for initiating criminal proceedings and places an obligation on the prosecuting authorities to investigate and prosecute in cases where a complaint has been lodged by an individual. According to Article 11 of the Code action may be taken by persons who have been particularly aggrieved, and these shall be those whose interests would have been protected under criminal law in terms of the indictment. The Respondent State maintains that it is only on the basis of this procedure that the State learns of the allegedly unlawful or criminal facts requiring attention or the due process of law. 41. The Respondent State observes that the Victim has alleged that he filed several complaints with the police related to the death threats and acts of vandalism targeted at him, but that the Police failed to investigate or to take any action to establish the facts. These statements, according to the Respondent State, lack in veracity and evidence because the Complainant has made no reference to numbers under which criminal proceedings were instituted. The Respondent State explains that whenever a complaint is filed, a case is automatically filed, a relevant number allocated and the nature of the crime indicated. The Respondent State regrets that it is therefore, faced with situations which should have been proven but which in the present circumstance are vague and without a juridical and legal basis. 42. The Respondent State maintains that as a respected jurist in Angola, the Victim is aware of the procedure to follow if the Police fail to comply with the formalities foreseen by the law, notably through the Public Prosecution Service which has the required resources to guarantee and defend the rights of individuals. 43. Regarding the existence of available, effective and sufficient remedies, the Respondent State points out that under the judicial system of the Republic of Angola, the domestic remedies to try cases have been established by law - the Constitution of the Republic, Chapter IV, supplemented by Acts n? 18/88, 19/88 and 20/88 of 31 December on the Unified System of Justice. The system comprises a hierarchy at the top of which are the higher courts like the Constitutional Court, the Supreme Court, the Audit Court, and the Supreme Military Tribunal. The system is supplemented by the Public Prosecution Service - Office of the Attorney General - and the Ombudsman. 44. It also points out that other courts expected to be established include the Court of Appeal and others with autonomous jurisdiction over administrative, fiscal and customs and excise matters, all of which operate under a higher court. 45. According to the Respondent State, despite its shortcomings, Angola's judicial system is capable of attending to any complaints submitted to it. A complainant, however, shall be required to submit his/her complaint to the relevant body so that proceedings may be initiated in accordance with the law. 46. The Respondent State argues that in order for the three requirements of "availability, effectiveness and sufficiency" of local remedies to come into play, it is indispensable that the judicial instances must be aware of the subject matter, which does not seem to be the case since none of the paragraphs of the Communication allude to concrete proceedings instituted by the Complainant, except where it refers to "threats, intimidation, telephone calls. The Respondent State avers that the Communication is therefore deficient in two basic principles of Law - objectivity and submission of evidence to prove the degree of danger to the life and security of the Victim and the irreparability of the acts. 47. It is argued that as a respected jurist, the Complainant should know that in order to guarantee the defence of legally protected rights and matters of public interest, as well as principles governing allegations and counter allegations procedure, and to curb violations of democratic rights, Courts should know the subject. This, the Respondent State maintains, was not observed in the present case. 48. The Respondent State explains that in terms of Article 189 of the Constitution of Angola and of its own Statutes, the Public Prosecution Service is responsible, among other things, for instituting criminal action, defending the rights of physical and artificial persons and upholding the law during the early stage of 5