CRPD/C/18/D/22/2014
has therefore been unduly delayed and prolonged 13 so that the local remedy before the High
Court is not available.
5.8
The author reiterates that, since 2000, there has been an increase in the number and
scale of attacks on persons with albinism in the State party, many of which remain
unreported. He submits that the State party has been unable to prosecute the reported cases
so far,14 and that the judicial system in the State party is ill-equipped to handle the high
number of cases related to persons with albinism. 15 The author refers to the jurisprudence of
the African Commission on Human and Peoples’ Rights, according to which, when, in the
premise of “massive” and “serious” violations of human rights, a State is aware of such
violations, it is expected to take appropriate action to prevent them. 16 The author submits
that, in his case, the State was notified of the grave violations of human rights that he has
suffered, but the State party’s authorities have not taken the necessary steps to investigate
the case, prosecute and punish the perpetrators, and prevent similar acts of violence against
persons with albinism in the United Republic of Tanzania.
5.9
The author submits that a remedy is considered available only if it is accessible in
theory and in practice 17 and can be “pursued without any impediment”. 18 Domestic
remedies are also said to be effective when they offer some prospects of success, such as
redress for the violations complained of. In cases of serious violations, such as alleged
violations of the right to life or the prohibition of torture, purely administrative or
disciplinary proceedings cannot be claimed to be sufficient or effective. 19 Remedies must
then be of a judicial nature, and States should be able to establish the criminal
responsibilities of the culprits. The author refers to the jurisprudence of the European Court
of Human Rights, according to which, applicants need not exhaust domestic remedies
“where an administrative practice consisting of a repetition of acts … and official tolerance
by State authorities has been shown to exist, and is of such a nature as to make proceedings
futile or ineffective”.20
5.10 The author therefore considers that, in the particular circumstances of his case, the
local remedies in the State party are unavailable, and even if available, they are ineffective
and insufficient.21 He therefore requests the Committee to examine the case on the merits,
reiterating that the acts of which he has been victim, the fact that they have not been
investigated and the non-prosecution of those responsible amount to a violation of his rights
under articles 5, 15 and 17 of the Convention.
Lack of reply from the State party on the merits of the communication
6.
On 12 May 2015, 27 November 2015, 4 March 2016, and 9 May 2016, the State
party was requested to submit its observations on the merits of the communication. The
Committee notes and regrets that no information has been received from the State party in
that regard. In the absence of a reply from the State party, the Committee must give due
weight to the author’s allegations, to the extent that they have been substantiated. 22
13
14
15
16
17
18
19
20
21
22
6
See Association of Victims of Post-electoral Violence and INTERIGHTS v. Cameroon, para. 63.
See A/HRC/28/75.
The author refers to cases that had been reported in 2015 only, at the time of his submission to the
Committee. He refers to the example of a 1-year-old albino boy, who was abducted from his home in
the north-western part of the country in January 2015 and was found murdered with his arms and legs
hacked off. The victim, Yohana Bahati, was kidnapped from his family home in the Geita Region by
an armed gang. His mother, Esther, was struck with a machete as she tried to protect him.
See African Commission on Human and Peoples’ Rights, World Organisation against Torture et al.
v. Zaire (Zaire mass violation case), communications Nos. 25/89, 47/90, 56/91 and 100/93, decision
of March 1996, para 55.
See European Court of Human Rights, Akdivar and others v. Turkey, application No. 21893/93,
decision of 16 September 1996, para. 66.
See Jawara v. the Gambia, para. 32.
See Vicente et al. v. Colombia, para. 5.2.
See Akdivar and others v. Turkey, para. 67.
See, for example, European Court of Human Rights, D.H. and others v. the Czech Republic,
application No. 57325/00, judgment of 7 February 2006.
See, inter alia, Human Rights Committee, communications No. 1422/2005, El Hassy v. Libyan Arab