orders in the country. The Complainant states that in a number of
decisions rendered by the judiciary, particularly those concerning the
treatment of members of the opposition party, and matters affecting the
executive, there has been a deliberate practice of non-enforcement.
72. In response, the Respondent State argues that contrary to the
Complainant‟s submissions, it has discharged its onus to prove that
remedies are not only available, but also effective. It adds that there is no
indication that the conduct of State Officials impeded the Complainant
from exhausting local remedies, and that the Complainant did not attempt
to exhaust them.
73. An effective remedy according to the African Commission in Sir
DawdaK. Jawara v The Gambia must offer a prospect of success.16 The
African Commission has also held on several occasions that attempts must
be made to exhaust local remedies before concluding that they are not
available, sufficient and effective.
74. In Anuak Justice Council v Ethiopia17 for instance, when the Complainant
showed apprehension in exhausting local remedies, the African
Commission held that, “If a remedy has the slightest likelihood to be effective,
the applicant must pursue it. Arguing that local remedies are not likely to be
successful, without trying to avail oneself of them, will not simply sway the
Commission”. Similarly, in Article 19 v Eritrea,18 the Commission ruled
that “It is incumbent on the Complainant to take all necessary steps to exhaust,
16
Communication 147/95-149/96: Sir Dawda K. Jawara v The Gambia(2000), para 32.
17
Communication 299/05 – Anuak Justice Council v Ethiopia (2006) para. 58.
18
Communication 275/2003, Article 19 v The State of Eritrea (2007), para 65.
20