g.
Do not deal with cases which have been settled in accordance
with the principles of the Charter of the United Nations, or the
Constitutive Act of African Union or the provisions of the
Charter.
20. The Court notes that the Respondent State raises two objections to the
admissibility of the Application. The first objection is based on nonexhaustion of local remedies, and the second, on failure to file the
Application within a reasonable time. The Court will consider these
objections before examining other admissibility requirements, if necessary.
A. Objection based on non-exhaustion of local remedies
21. The Respondent State submits that the Application is inadmissible for failure
to exhaust local remedies, arguing that it was not afforded the opportunity
to remedy the alleged violations insofar as those violations were never
brought before its domestic courts.
22. It further submits that the Applicant did not exercise the appropriate
remedies and therefore could not validly bring the matter before this Court.
23. For his part, the Applicant prays that the objection be dismissed. He
contends that the rule of exhaustion of local remedies is not absolute and
must be interpreted with flexibility.
24. The Applicant further submits that he appealed the judgment of the Abidjan
Court of First Instance but, “for reasons beyond his control”, did not appeal
the judgment of the Court of Appeal of Abidjan before the Cour de
Cassation. However, the Applicant avers that he was unaware of the
existence of this remedy as he was not assisted by counsel and that, in any
case, an appeal to the Cour de Cassation “would not be successful under
the current legal and judicial system of the State in question”.
***
7