, " ACHPR I I i African Commission on Human and Peoples' Rinbts . , . I, Human Rights our Collective Responsibility susceptible to being adjudged 'meritorious ~s it may be adjudged unmeritorious upon I full examination of supporting and opposing evidence, and legal arguments. I 79. In light of the above, the Commission has Article 80(3)(a) of the Constitution of Ethiopia which states, "the Federal Court has a power of cassation over any final court decision containing a basic error of " and Article 10 (1) of Proclamation No. 25/1996 which states: "In cases where they of the Federal High Supreme Court, shall have the power of cassa Court rendered in its appellate jurisdiction ... " 80. It is clear from the above provisions that, Supreme Court to entertain an appeal, it a final decision of the Federal ....",..,.... 0..,., contained a basic/ fundamental error of law decision of the Federal High Court contained a basic/ '. is defined in the oxford law dictionary as '.E7§$~Qtial/, , meaning the decision appealed agains;tiih~~~'~:~6i\ewitli 81. The Complaina~t§ in this on the case of Interights, Asadho et ~;~ e Maitre O.Disu \j:i;'ll?,~C and argued\~that. i Commission should dispense with the req· irement of e~i{~yeyjon of local ~(jmedies because the Cassation Division of the , , ·~>:<1,:.' I Fede risdictfon over procedural and not substantive it will only be a formality with no prospect of success. The the facts of the said case are distinguishable from this present c~~@! In the "former case, the C:ommission found that the Transitional Ntt. t COnStitution;~~~fi'createdthe Supreme COUt·tof Cassation had the force of law on the 1st April 2003,"threemonths after the Communication was filed before the Commission . , , and thus its jurisdiction was not applicable to decisions rendered in March 2002. Secondly, the jurisdiction of the said court Jas ~, i only limited to issue Ji.~ c,~~(.#.,,':'i>;, not substance. , I i .~~~ !IJ~~4'.~... fIJ! d ~.IS'.;;. {1~~ \ 0 ~ \ 82. In the present case, the.jurisdiction of the Cassation Division: 0 tihe 1Fed'€ra~Suprtme , . . Court IS over matters of baSICerror of la1 19 I P age ""","" Nrican{ri!;'i\ Union '""l\';,¥ . . I , ~J~ \~L~ C \ '~'~.~ ~'?t,~.,.. "":'~~4J % The African Commissi {J,_§ . .""onHa';;anand.P..~~.'1?Ies~, '. -....,'" Al'1{1V' Rj'''h{' 31 Bijilo Annex Layou , ~o'!J3)~J:rfct, West Coast'onnioll Gambia , "">1 Phone: (220) 230 4361 Fax: (220) 441 0504 Email: au-banjul@africa-union,orq https:/achpr.au.intiO (J iI2

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