Automated Summary
Key Facts
The Anuak Justice Council submitted a communication against Ethiopia alleging human rights abuses by the Ethiopian Defence Forces, including a December 2003 massacre in Gambella region that killed over 424 civilians, wounded 200, and disappeared 85. The Council claimed ongoing violations such as extrajudicial killings, torture, arbitrary detention, and displacement of over 51,000 Anuak. Ethiopia argued local remedies were available and pending in domestic courts. The African Commission declared the communication inadmissible in May 2006, citing non-exhaustion of local remedies.
Issues
- The complainant sought provisional measures under Rule 111 of the African Commission's procedures to immediately stop the Ethiopian government's human rights abuses against the Anuak. The Commission evaluated the necessity and binding nature of such measures, referencing similar cases from other international bodies.
- The African Commission considered whether the Anuak Justice Council properly exhausted local remedies in Ethiopia under Article 56(5) of the African Charter. The complainant argued that domestic remedies were unavailable due to an ineffective and biased judiciary, while the respondent state claimed cases were still pending in Ethiopian courts.
Holdings
The African Commission declared the communication inadmissible for non-exhaustion of local remedies in conformity with Article 56 (5) of the African Charter on Human and Peoples' Rights.
Legal Principles
The African Commission on Human and Peoples' Rights applied the principle that communications must exhaust domestic remedies before being considered admissible under Article 56(5) of the African Charter, unless such remedies are unavailable, ineffective, or unduly prolonged. The Commission emphasized that local remedies must be available, effective, and sufficient, and that mere doubts about their effectiveness do not excuse non-exhaustion.
Precedent Name
- Organisation Mondiale Contre la Torture and Others v Rwanda
- A v Australia
- Free Legal Assistance Group v. Zaire and Rencontre Africaine pour la Défense des Droits de l'Homme [RADDHO] v. Zambia
- Civil Liberties Organization v. Nigeria
- Amnesty International v. Sudan
- Constitutional Rights Project v. Nigeria
- Jawara v. The Gambia
Cited Statute
- African Charter on Human and Peoples' Rights
- Rules of Procedure of the African Commission
Judge Name
- Bahame Tom Mukirya Nyanduga
- Salamata Sawadogo
- Angela Melo
- Mumba Malila
- Yassir Sid Ahmed El Hassan
- Reine Alapini-Gansou
- Sanji Mmasenono Monageng
- Musa Ngary Bitaye
- Kamel Rezag-Bara
- Faith Pansy Tlakula
Passage Text
- For the above reasons, the African Commission declares communication 299/2005 - Anuak Justice Council/Ethiopia inadmissible for non-exhaustion of local remedies in conformity with Article 56 (5) of the African Charter on Human and Peoples' Rights.
- 61. ... the respondent State indicates that the matter is still pending before its courts and attached a list of cases still pending before the Federal Circuit Court in relation with the Gambella incident. ... The underlying question is whether the case is a subject matter of the proceedings before the Commission and whether it is aimed at granting the same relief the complainant is seeking before this commission.
- 58. The complainant's submissions also demonstrate that it is apprehensive about the success of local remedies either because of fear for the safety of lawyers, the lack of independence of the judiciary or the meagre resources available to the judiciary. ... Arguing that local remedies are not likely to be successful, without trying to avail oneself of them, will simply not sway this Commission.