• to approach the courts under the present circumstances means merely prolong the agony of the Bakweri; etc. 55. The African Commission notes that the exhaustion of local remedies requirement under Article 56.5 of the African Charter should be interpreted liberally so as not to close the door on those who have made at least a modest attempt to exhaust local remedies. Under this Article, all the African Commission wishes to hear from the Complainant is that it has approached either local or national judicial bodies3 . As can be seen from the set of facts adduced before the African Commission by both parties in writing and orally, the Complainant has, not even once, seized any local or national court. For this, it explained that the courts are not independent and are likely to decide in favour of the Respondent State whose President has a say on their appointment. The African Commission, however, holds that the fact that the Complainant strongly feels that it could not obtain justice from the local courts does not amount to saying that the case has been tried in Cameroonian Courts ( ACHPR Communication 92/93 International Pen/Sudan). Besides, the Complainants assertions are merely subjective assessments on which the African Commission cannot base itself in holding that there indeed lacks an effective remedy in Cameroon to resolve the matter4 . The African Commission is of the view that it is the duty of the Complainant to take all necessary steps to exhaust, or at least attempt the exhaustion of local remedies. It is not enough for the Complainant to merely doubt the ability of the domestic remedies of the State to absolve it from pursuing the same. 56. The African Commission would be setting a dangerous precedent if it were to admit a case based on a Complainant's apprehension over the perceived lack of independence of a country's domestic institutions, in this case the Judiciary. The African Commission does not wish to take over the role of the domestic courts by being a first instance court of convenience when in fact local remedies remain to be approached. Holding For these reasons, the African Commission declares the Communication inadmissible. Adopted at the 36th Ordinary Session of the African Commission that was held from 23rd November to 7th December 2004 in Dakar, Senegal. 1 ACHPR Communication No. 25/89, 49/90, 56/91, 100/93 Free Legal Assistance Group et al./Zaire, para. 37 2 International Pen, Constitutional Rights Project, Interights on behalf of Ken Saro Wiwa Jr. and Civil Liberties Organisation/Nigeria, Comm. No. 137/94, 139/94, 154/96 and 161/97 3 ACHPR Communication 221/98 Alfred B. Cudjoe/Ghana 4 ACHPR Communication 135/94 Kenya Human Rights Commission/Kenya; UN Human Rights Committee Communication No. 192/85, S.H.B. vs Canada 8

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