order to comply with the requirement of Rule 50(2)(e) of the Rules are
judicial remedies,6 unless those remedies are unavailable, ineffective and
insufficient or unless the proceedings are unduly prolonged.7
39.
In this regard, the Court recalls that it has consistently held that the
requirement of exhaustion of local remedies seeks to afford States, through
their domestic judicial systems, the opportunity to prevent or remedy
violations alleged against them before an international body is seized to rule
on the same matter. 8
40.
The Court points out in this regard that, in order to determine whether local
remedies have been exhausted, the proceedings to which an applicant is a
party must have ended at the time of filing the Application.9
41.
It emerges from the record that two separate domestic criminal proceedings
were
instituted
against
the
Applicants:
first,
proceedings
for
misappropriation of public funds against Soro Guillaume Kigbafori,
Kamaraté Souleymane, Nguessan N. René (hereinafter referred to as “the
first criminal proceedings”) and, secondly, the proceedings against all the
Applicants for disturbing public order, disseminating false news to discredit
the institutions and the way they operate, resulting in damage to public
morale and undermining the authority of the State (hereinafter referred to
as “the second criminal proceedings”). In each of these proceedings, the
Court will examine whether the Applicants met the requirement of
exhaustion of local remedies.
42.
As regards the first set of proceedings, the Court notes that on 8 January
2020, the Abidjan public prosecutor seized the Respondent State’s
6 Fory v. Côte d’Ivoire, supra, § 47.
7
Safinaz Ben Ali and Lamia Jendoubi v. Republic of Tunisia, AfCHPR, Application No. 009/2023,
judgment of 3 September 2024 (jurisdiction and admissibility), § 49.
8 African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR 9, §§ 93-94; Houngue Eric Noudehouenou v. Republic of Benin, (4 December 2020) 4 AfCLR
742, § 49; Komi Koutché v. Republic of Benin (jurisdiction and admissibility) (25 June 2021) 5 AfCLR §
231, § 60.
9Yacouba Traoré v. Republic of Mali, (jurisdiction and admissibility) (25 September 2020) 4 AfCLR 665,
§ 41 Koutché v. Benin § 61; Safinaz Ben Ali and Jendoubi v. Tunisia, supra, § 51.
11