However, according to the Respondent State, police inquiries have been temporarily stopped and could be reopened when there is new information and evidences. 63. The African Commission has inferred that the initial onus to demonstrate that local remedies have been exhausted is on a Complainant. Once a Complainant shows that there are no local remedies available in the AC HP R Respondent State, the burden then falls on the Respondent State to prove that an effective remedy is available and has not been exhausted. 64. In Rencontre Africaine pour la Défense des Droits de l’Homme v. Zambia, the African Commission examined the respective obligation of the parties in terms of exhaustion of local remedies and declared: “When the Zambian Government argues that the Communication must be declared Inadmissible because the local remedies have not been exhausted, the Government then has the burden of demonstrating the existence of such remedies.”6 Therefore, in the present case, the Respondent State must prove to the African Commission that judicial procedures to remedy the violations are still being pursued, otherwise its submission could be considered a mere statement. 65. The African Commission notes that, pursuing exhaustion of local remedy requires the availability of effective remedies. In the instant matter, the decision of the PPO not to prosecute, as well as the confirmation of that decision following the Victims‟ appeal, is sufficient evidence that the conditions for the exhaustion of local remedies have 6 Communication 71/92- Rencontre Africaine pour la Défense des Droits de l’Homme v. Zambia(2003) ACHPR, para. 13. 15

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