Admissibility were submitted. However, as far as the first Victim is concerned, the
Appeal Court's acquittal means that she has exhausted domestic remedies in that regard.
37. The Complainants argue that the legal framework in the Respondent State shows that the
existing remedies are both ineffective and insufficient in redressing the Complaint
regarding the alleged violations of Articles 1, 2, 3, 4, 5, 6, 7, 8, 12, 16, and 18 (1) of the
African Charter. They cite the Commission's jurisprudence in Communications 147/95149/96 -Sir Dauida K. [auiara v. The Gambia to support their argument. Furthermore, they
claim that the threats, intimidation, and harassment. they and their lawyers faced
highlight the unavailability of other remedies.
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38. The Complainants also asserted that the obligationtq exhaust domestic remedies is not
applicable where domestic legislation
ractices: foster violations of the African
Charter, among other legal instrume .
Comll1:ep~rtatiQllit3~~(09
-Abdel Hadi,
Ali Radi & Others vs. Republic of Suda ~, nd Co ~~ication 71/ 92 ':"R~ncontreAfricaine
pour La Defense des Droits de (Homme." s. Zambi 0 substantiate the position+ The
Complainants contended that the ConstitUo~l}of th" , sponderrt-State recognises Islamic
Sharia Law as a source' of law, thereby\{ssertiig>: that all the rights arising from
international human rights instruments ratifle' :k,bythe Republic of Sudan must be
incorporated into the Bill ofRights.
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39. They added
,e'C6nstitutipn silently reconcjl~s the ~qp.flictbetween Sharia law and
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the Respond
tate's interniitj<,nialhuman" rights obligations. The Complainants
expressly referred to the offenses ~postasy (ridda) and adultery (zinna) as provided for
under Articles 12,~,and 145 of the 1991'C;riminalCode, respectively. They argued that
these Jaws are contrary to the international human rights obligations of the Respondent
Stat~r['h~ ~omplaina.~!s asserted tha~0ese crimes fall under the category of hudud, and
if c(f" . t' they atW~st;~z,~,~vere
punl~J1ments such as death by hanging, whipping,
stonin J ./ am ta~on. WllUe t40~j~"Convicted
of apostasy can avoid the death sentence
by renouy,fing thei ' lief, the @:Qml'lainantssubmitted that the application of Articles
126and l' " th
'. inal Code violates the African Charter, specifically infringing
e family right, protected by Articles 8 and 18 of the African
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of