rights issues raised in the Communication
could have been resolved had they
approached the Constitutional Court, the National Human Rights Commission, or the
Public Grievances Chamber. In Communication 275/03, the Commission held that "it is
incumbent on the Complainant to take all necessary steps to exhaust, or at least attempt
the exhaustion of local remedies. It is not enough for the Complainant to cast aspersion
on the ability of the domestic remedies of the State due to isolated incidences.t'=As
advanced by the Respondent State in the present matter, the Commission noted that the
Complainants could have approached the Constitutional Court to exhaust local remedies,
but they have not done so. The Commission does not rely on mere aspersions of what
could have been the outcome had the Complainants approached the Constitutional Court
to determine the effectiveness of local remedi§1~;to decide, Qt)., the admissibility of this
Communication. Casting doubts on the efficacy ofIt, qomesticfl.1emedies
does not absolve
Ar?'"
the author from pursuing such remedies
'
»»,
86.
However, the jurisprudence of the
es th~t it is not enoqgh for a State
to make a general refutation that
avciitclble
and eff~btive and that
~"~fn:"
the Complainants did not attempt to
the pres~htcase, the Respondent
State has listed the existence of ,
without relating them to the
circumstances of the case and without
they might provide adequate
redress.> In Communi~Eition 275/ 03>'tb~ ,
held that lithe fact that the
Complainant has npt su'ffiCiently derilgnsp-ated
have exhausted domestic
remedies does npt 'mean such remedies are available, effective, and sufficient. The
Commission c 'infer from the, circumstances surrounding the case and determine
whether such
edies are available, and if they are, whether they are effective and
sufficient." 36
87.
From the submissions" of both the Cqmplainants and the Respondent State, it is not
disputed tll,~t the life 'b~:!~e first Vi \ , her husband (the second Victim), and their
children (the third and fou.!;t,·
vere in danger. It is not in dispute that they have
received threats from religiou
ill the Respondent State, and the family members
of the first Victim also .threatened to kill her. The Respondent State submitted that the
first Victim'~8,~~~~pt in aef~:I}t,ionduring her trial for her safety, where she delivered the
fourth Victim;~~E~use memBe~s of her family were furious about what they considered
her disgraceful Behaviour, which they looked at as an insurgency against their values and
beliefs, even threatening to kill her if she had been released.'?
88.
It is not in dispute that after the Court of Appeal revoked the conviction and sentence of
the first victim, which resulted in her release, she had to seek refuge in the Embassy of
the United States of America. She also had to seek refuge in the same Em6a~~~6n\~
,.) ,,=,'vc,'r<
33
"lr
~o\,
.,l'> (.!C 7'/
Article 19 v En:trea, Commu~ca~on 275/03, para, 67.
'g'1;~\
Article 19 v Eritrea, Commurucation 275/03, para, 67,
:i
\..,' 1
i: §' JI
35 Article 19 v Eritrea, Communication 275/03, para, 73,
\~ ~
f,U-UA
Q-f)r;:
36 ibid para, 74,
.t._ ';;'0'"
~,,?Q '"
37 Paragraph 5 of the Respondent States' Observations on the Complainants' Submission on AdmissjiSilit}:.·foic
r>,11:\.-\) ,,,;;-' •
34
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