expression, assembly, and association; harassment, arbitrary arrests,
and detention of large numbers of persons as well as torture of several
individuals, all perpetrated by the Respondent State during the buildup to the 2015 elections.
41. The Complainants allege that in the run-up to the elections, more than
500 members of the Ethiopian Federal Democratic Unity
Forum/Medrek were arrested at polling stations in the Oromia region.
They further allege that massive protests broke out in Oromia Regional
State in November 2015 following the planned expansion of Addis
Ababa into Oromia and that clashes between protesters and
Government authorities led to the deaths of an estimated 200 people.
42. The Complainants submit that the scale of the violation and the number
of persons involved render the pursuit of local remedies to redress the
violations neither practical nor desirable, and therefore, domestic
remedies are unavailable.
43. Citing the Commission’s Decision in Monim Elgak and Others v.
Sudan,2 The Complainants additionally submit that where there is a
general fear of persecution of the victims of violation if they approach
domestic courts seeking redress for violations, they cannot be expected
to exhaust local remedies, as the pursuit of local remedies would be
considered impractical and unreasonable.
44. The Complainants submit that to repress and deter future protests,
Government officials detained and filed terrorism charges against the
Vice Chairman of the Oromo Federalist Congress and others for inciting
violence and property destruction, amongst other charges.
45. The Complainants further submit that the Respondent State used the
Charities and Societies Proclamation, the Anti-Terrorism Proclamation,
and the Mass Media and Access to Information Proclamation to
suspend or refuse the renewal of licenses of independent Civil Society
Organizations (CSOs) that monitor human rights violations. This,
according to the Complainants, affected election activities, denied
access to international election observers (except for the African Union),
and arrested, imprisoned, or harassed journalists, bloggers, protesters,
and opposition political party members, thereby creating a general
atmosphere of fear of persecution in the country.
Communication 379/09 - FIDH and OMCT (on behalf of Monim Elgak, Osman Hummeida
and Amir Suliman) v Sudan (2014) ACHPR.
2
~6~
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/