Advance unedited version CCPR/C/129/D/3106/2018-3122/2018
weaknesses in the judicial system” of Angola, which is affected by, inter alia, factors “such
as political influence in the decision-making process.”13
3.7
The authors invoke the existence of a consistent and pervasive slowness affecting the
Angolan judicial system that severely hampers access to justice and the general efficiency of
the Judiciary when adjudicating lawsuits.14 Noting such a reality, the Committee declared
during its 107th session that it “is concerned at the reported lack of independence as well as
corruption of the judiciary, and the insufficient number of judges, lawyers, tribunals and
courts, all of which may create difficulties regarding access to justice. The Committee is
further concerned at the prohibitive cost of legal fees, which may prevent some citizens, in
particular disadvantaged persons and those living in rural areas, from accessing justice
(art. 14).”15
3.8
Before transferring the ownership of the school to an Angolan national, two different
procedures were filed by the school’s lawyers: one petition dated 10 October 2016 was
addressed to the President of the Republic to halt any possible deportations or exclusion
actions amounting to refoulement, and the other petition, dated 12 October 2016 and based
on the right of access to information provided in article 69 of the Angolan Constitution, was
submitted to the Supreme Court requesting access to any document related to the closing of
the school and the possible expulsion of the Turkish teachers and their families. 16 However,
until February 2017, when the ownership of the school was transferred and the contract with
the Law Firm responsible for the procedures expired, no response was given to either of the
procedures.
3.9
Based on the aforementioned, and considering their precarious situation in Angola,
where an expulsion order subsists and the threat of refoulement is imminent, the authors
consider indisputable that resorting to other national remedies would indelibly expose them
to further risk. Moreover, it is highly likely that resorting to the Judiciary or other
administrative procedures would be ineffective, particularly considering the influence of the
Executive Power over the judicial system and the apparent willingness of the Government to
disregard international norms prohibiting refoulement, since the expulsion order remains
valid despite all UNHCR interventions.
3.10 In conclusion, in the absence of a first instance as well as an appeal instance for
refugee status determination, there are no mechanisms available for accessing international
protection. Neither are domestic courts considered a viable option due to the reasons
presented above. As such, there are no other reasonable national remedies available for the
authors to suspend the expulsion.
State party’s observations on admissibility and the merits
4.1
On 9 August 2018, the State party submitted its observations on admissibility and
merits. It considers that some of the information provided by the authors is inaccurate and in
any event exaggerated, in particular the alleged lack of legal protection of claimants in
Angola.
4.2
The State party mentions that the Colégio Esperança Internacional was closed for
irregularities at the moment of its registration, the same as happened with other educational
institutions which were functioning irregularly. During the administrative process, the
Turkish teachers were initially invited to leave the country, but after being heard, they
submitted a request for special protection through the UNHCR. They now enjoy protection
under the Right of Asylum and Refugee Status Act, while awaiting a final decision to their
13
14
15
16
6
US Department of State, 2016 Country Reports on Human Rights Practices – Angola, 3 March 2017,
available at https://www.state.gov/reports/2016-country-reports-on-human-rights-practices/angola/.
Freedom House, Freedom in the World 2017 – Angola, 2017, available at
https://freedomhouse.org/country/angola/freedom-world/2017, and US Department of State, 2016
Country Reports on Human Rights Practices – Angola.
Concluding observations on the initial report of Angola, adopted by the Committee at its 107th session
(11–28 March 2013), 29 April 2013, para. 20.
Copies of the two petitions attached.