CRPD/C/22/D/24/2014 albinism who had been victims of acts of violence. 11 A decision was adopted six years later, rejecting the applicants’ claims. The author argues that the procedure before the High Court usually leads to undue delay because the limited number of judges in many regional branches of the High Court complicates the formation of the bench. The treatment of cases related to the rights of persons with albinism has been unduly delayed and prolonged, and this remedy is therefore not available. 5.7 The author further submits that a remedy is considered available only if it is accessible in theory and in practice,12 and can be pursued without impediment. 13 Domestic remedies are also said to be effective when they offer some prospects of success, such as redress for the violations. The author refers to the jurisprudence of the European Court of Human Rights, according to which applicants do not need to exhaust domestic remedies “where an administrative practice consisting of a repetition of acts incompatible with the Convention [for the Protection of Human Rights and Fundamental Freedoms] and official tolerance by the State authorities has been shown to exist, and is of such a nature as to make proceedings futile or ineffective”.14 5.8 The author submits that the local remedies in the State party are unavailable, and when they are available, they are ineffective and insufficient. A remedy is said to be available if it can be utilized as a matter of fact without hurdles. It can be considered as effective if it offers a prospect of success, and it is sufficient if it is capable of redressing the violation.15 The author also refers to the jurisprudence of the European Court of Human Rights, according to which the existence of domestic remedies must be sufficiently certain not only in theory but also in practice. In determining whether any specific remedy meets the benchmarks of availability and effectiveness, the particular circumstances of the individual case must be taken into account. 16 Further, when determining the outcome of a human rights case before the courts of the United Republic of Tanzania, the Committee must consider that the nature and scope of remedies that the High Court can render is not clear. In Legal and Human Rights Centre and Another v. Attorney General and Another,17 the High Court was of the view that compensation is only granted after the damage has been proven in a separate civil suit. Although the case was in respect to a group of people (the albinism community) whose rights have been violated, the wording of the judgment seems to suggest that in a situation in which an individual claims compensation as a result of a human rights violation, a civil suit would need to be opened. 5.9 The author submits that the notion of “serious” or “massive” human rights violations has also evolved in various human rights bodies as an exception to the general rule of the exhaustion of domestic remedies.18 Statistics indicate that from 2000 up to June 2006, a total of 76 persons with albinism were killed,19 and 69 survived attacks, many of whom having been severely mutilated. The judicial system in the United Republic of Tanzania is ill-equipped to handle the high number of cases related to persons with albinism and the ongoing practices demonstrate that the Government has not been willing to deal with the 11 12 13 14 15 16 17 18 19 8 The author refers to a case brought to the High Court in 2009 by the Legal and Human Rights Centre, the Tanzania Albinism Society and the Tanzania Federation of Disabled People’s Organizations on behalf of a person with albinism, in accordance with the Basic Rights and Duties Enforcement Act. In 2015, the complaint was rejected. European Court of Human Rights, Akdivar and Others v. Turkey, Application No. 21893/93, decision, 16 September 1996, para. 66. African Commission on Human and Peoples’ Rights, Jawara v. The Gambia, para. 32. European Court of Human Rights, Akdivar and Others v. Turkey, para. 67. Frans Viljoen, International Human Rights Law in Africa, 2nd ed. (Oxford, Oxford University Press, 2012). See, for example, European Court of Human Rights, D.H. and Others v. The Czech Republic, Application No. 57325/00, Judgment, 7 February 2006. Miscellaneous Civil Cause No. 15 of 2009. Henry Onoria, “The African Commission on Human and Peoples’ Rights and the exhaustion of local remedies under the African Charter”, African Human Rights Law Journal, vol. 3, No. 1 (2003), p. 16. Under the Same Sun, “Reported attacks on persons with albinism – most recent attacks included”, 2016. These are conservative estimates due to the secretive nature of witchcraft and ritual killings.