93.As
underscored
Commission®,
remedies,
in
in the
the
Court's
application
jurisprudence
of the
as
well
rule governing
the following three conditions must be met,
as
in
that
exhaustion
namely:
of the
of local
availability,
effectiveness and sufficiency of the remedies.
94. In the Matter of Nobert Zongo and Others v. Burkina Faso,° for example, the
Court decided that “the effectiveness of a remedy is measured in terms of its ability
to solve the problem raised by the Applicant’.
95.In the same vein, the Inter-American Court of Human
“... Adequate
domestic
remedies
are those
Rights held that:
which
are
suitable to
address an infringement of a legal right. A number of remedies exist
in the legal system
of every
country,
but not all are applicable
in
every circumstance. If a remedy is not adequate in a specific case, it
obviously need not be exhausted”’”.
96.
Regarding the remedies before administrative jurisdictions as mentioned by the
Respondent
State,
Article
5 (2)
of Ivorian
Law
No
94-440
relating
to the
Supreme Court provides that the Administrative Chamber “shall hear in the first
instance and without appeal cases of annulment
on the grounds
of abuse of
authority, against decisions emanating from the administrative authorities’.
97.
It follows from the aforementioned provision that administrative jurisdictions are
not competent to hear cases of unconstitutionality of laws.
98.
The Court therefore holds that the administrative remedy is not sufficient and,
for this reason, that the Applicant did not have to exercise it.
® Matter of Reverend Christopher Mtikila v. Tanzania (Application 009-001/2011), Judgment of 14 June 2013
paragraph 82.1; Matter of Lohé Issa Konaté v. Burkina Faso (Application 004/2013), Judgment of 5 December 2014
paragraph 92
See also Communications Nos. 147/95 and 149/96, Sir Dawda Jawara v. The Gambia, paragraph 32
° Application No. 013/2011, Judgement of 28 March 2014, paragraph 68
*° Matter of Velasquez-Rodriguez v. Honduras, Judgment of 29 July 1998 (Series C), No. 4, paragraph 64
23