84. Articled 56(3) of the African Charter states that “Communications …received
by the Commission shall be considered if they are not written in disparaging
or insulting language directed against the State concerned and its
institutions or to the Organisation of African Unity (AU)”. The present
Communication is not written in a disparaging or insulting language directed
to the Respondent State, its institutions or the AU and for these reasons the
African Commission holds that the requirements of Article 56(3) have been
complied with.
85. Article 56(4) of the African Charter states that “Communications relating to
human and Peoples’ Rights… shall be considered if they are not based
exclusively on news disseminated through the mass media”. There is no
evidence in this Communication indicating that the allegations contained
therein are based exclusively on news or news disseminated through the
mass media. The Complainants submit that the Communication is based on
eyewitness evidence, as well as documented reports, which they have
submitted along with the Communication as attachments. The Respondent
State have not challenged this assertion. For these reasons, the African
Commission holds that the requirements of Article 56(4) have been fulfilled.
86. Article 56(5) of the African Charter states that “Communications relating to
human and Peoples’ Rights… shall be considered if they are sent after
exhausting local remedies, if any, unless it is obvious that this procedure is
unduly prolonged”.
87. The rationale of the local remedies rule both in the Charter and other
international instruments is to ensure that before proceedings are brought
before an international body, the Respondent State concerned must have had
the opportunity to remedy the matters through its own local system. This
prevents the Commission from acting as a court of first instance rather than a
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