EX.CL/717 (XX)
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d)
Correspondence with Mrs. Marise Castro of Amnesty International
dated 5 January 1996 and 11 March 1996 respectively.
e)
Attempted to engage Mozambican Lawyers to no avail, because, he
alleges they were too afraid;
Through his sister he tried to find another Mozambican Lawyer
whom he allege was also not available for this case;
f)
g)
Other family members of first victim undertook several actions such
as seeking information from the police and prisons;
h)
Sister and mother contacted the former President of Mozambique,
Samora Machel and even had an appointment with the President.
He promised to support the case but later died in an air crash in
1986 and could not conclude the case.
103. The question to be asked at this juncture is ‘what does exhaustion of local
remedies
entail?
104. The African Commission in Institute of Human Rights and Development in
Africa and Interights v Mauritania81, made it clear that ‘the generally accepted
meaning of
local remedies, which must be exhausted prior to any
communication/complaint procedure before the African Commission, are the ordinary
remedies of common law that exist in jurisdictions and normally accessible to people
seeking justice’.
105. The African Commission is of the view that the measures taken by the second
victim in paragraph 102 above, do not only fall short of the judicial remedies required to
be exhausted, but they also do not seem to be institutionalized administrative remedies.
The second victim seemed to have been exploring other possibilities other than judicial
remedies. The Complainant’s argument that the second victim approached lawyers who
refused to take up the matter for fear of their lives has not been adequately
substantiated – no dates have been indicated and there is no adequate indication of why
the lawyers would be afraid to take up the matter.
106. 106. It is a general principle that the person who seizes the African Commission
with a complaint is expected to demonstrate that he or she has complied with the
requirements under Article 56 of the African Charter especially Article 56(5). The African
Commission has developed in its jurisprudence that the person submitting the
Communication (author or complainant) need not be the victim.
All the
author/Complainant needs to do is to comply with the requirements of Article 56.
Communication 242/01 - Institute of Human Rights and Development in Africa and Interights v
Mauritania
81