70. It is therefore the African Commission„s view that the Complainant should have
attempted to exhaust all available remedies, including appealing to the Regional
Supreme Court which was the next step for the Complainant to appeal the
decision of the Regional High Court according to the Ethiopian judicial structure
s stipulated in Article 80 of the Constitution of Ethiopia. It is not sufficient for the
Complainant to cast mere aspersion on the ability of the Regional Supreme
Court, its Cassation Bench and the Cassation Bench of the Federal Supreme
Court due to past incidences such as in the case of Ato Bekele Welde Michael &
25 Ors v The State, without availing itself to them.
71. Furthermore, in the African Commission‟s decision on Admissibility, in the case
of
Institute
of
Human
Rights
and
Development
in
Africa
and
Interights/Mauritania19, the African Commission reaffirmed the principle that
“the generally accepted meaning of local remedies, which must be exhausted prior to any
communication/complaint procedure before the African Commission, are the ordinary
remedies of common law that exist in jurisdictions and normally accessible to people
seeking justice”. It is also the African Commission‟s view that in order to avoid a
prolonged litigation process, the time the Applicants took to seek their
grievances through non judicial remedies such as lodging a petition with the
Ethiopian Federal Government, the Parliament, the Ethiopian Human Rights
Commission, the Public Ombudsman, the Council of Constitutional Inquiry and
the Ethical and Anti-Corruption Commission, they could have used that time
attempting to exhaust the ordinary remedies of a judicial nature in Ethiopia20.
For these reasons the African Commission holds that the Complainant has not
fulfilled the requirements under Article 56(5) of the Charter.
19
Communication 242/01. Institute of Human Rights and Development in Africa and
Interights/Mauritania.
20
Communication 242/01 and Communication 221/98. Institute of Human Rights and
Development in Africa and Interights/Mauritania, Alfred B. Cudjoe/ Ghana.
23