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.

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