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
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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.
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