resort to. The ratification process was completed and it has been submitted
by both parties that the victims had already used the appeal that was
available to them by bringing their grievance to the “judgement ratification
office” and that this remedy has proved unsuccessful.
98. The African Commission therefore concludes that since the decision of the
court is not appealable by any other judicial authority, the Complainants
have exhausted the requirements of Article 56 (5) of the Charter.
99. Article 56(6) of the African Charter states that Communications relating to
human and Peoples’ Rights… shall be considered if they: are submitted
within a reasonable period from the time local remedies are exhausted, or
from the date the Commission is seized with the matter”. The Complainant
states that the case has been decided by the State Security Emergency Court
whose decision was awaiting the ratification by the President of the Republic.
The Secretariat of the African Commission received this Communication
during the Commission‟s 40th Ordinary Session, held from 15 to 29 November
2006, in Banjul The Gambia and acknowledged receipt by a letter dated 12
February 2007. The Charter does not provide for what constitutes a
reasonable time, for a Complainant to bring his/her Complaint before the
Commission. The Commission has however dealt with this issue, on a case by
case basis. The Communication got to the Commission ten months after the
decision of the State Security Emergency Court. The African Commission
considers this to be a reasonable time, taking into consideration the
complexities of getting a representation before an international body, and the
challenges of communications system in Africa. The African Commission
therefore holds that this provision has also been complied with.
100.
Article 56(7) of the African Charter states that “Communications relating
to human and Peoples’ Rights… shall be considered if they: do not
deal with cases which have been settled by these states involved in accordance with
the principles of the Charter of the United Nations, or the Charter of the
24