33. On Article 56(1) of the Charter, the Complainants submit that the
Communication reveals the author’s identity, who does not request
anonymity. Therefore, the Communication satisfies the requirement of
Article 56(1) of the Charter.
34. Regarding Article 56(2) of the Charter, the Complainants submit that
the Communication is submitted against the Respondent State, a State
Party to the Charter, and alleges violations of rights and freedoms
enshrined in the Charter. Accordingly, the Complainants argue that the
Communication satisfies the requirement in Article 56(2) of the Charter.
35. Regarding Article 56(3) of the Charter, the Complainants submit that
the Communication is written in a respectful language and, therefore,
satisfies the requirement of Article 56(3) of the Charter.
36. On Article 56(4) of the Charter, it is the Complainants’ submission that
the Communication is not based exclusively on information
disseminated on mass media reports and, therefore, complies with the
requirement of Article 56(4) of the Charter.
37. About Article 56(5) of the Charter, the Complainant contends that they
are not required to satisfy the requirement of exhaustion of local
remedies, as local remedies are inadequate, ineffective, and
unavailable.
38. The Complainants submit that a remedy is available if a petitioner can
pursue it without impediment, is effective if it offers a prospect of
success, and is adequate if it can address the Complaint.1 The
Complainants additionally submit that the requirement to exhaust local
remedies can be waived in cases of serious and massive human rights
violations and where the scale and nature of the alleged violations,
coupled with the ‘number of persons involved ipso facto, render the local
remedies unavailable.’
39. To buttress the above submission, the Complainants contend that the
subject of the present Communication relates to the right to participate
in the government of one’s country, and the Complaint is put forth on
behalf of the entire Ethiopian electorate.
40. The Complainants add that the Complaint emanates from a larger
pattern of abuses and violations in the lead-up to elections in the
Respondent State, including a systematic crackdown on freedom of
Communication No. 71/92, Rencontre Africaine Pour la Defense des Droits de l’Homme
(RADDHO) v. Zambia, para 10.
1
~5~
African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/