68. In light of the above observations and analysis, the Commission finds that the conditions of Article 56 (5) have not been satisfied 69. Article 56(6) of the African Charter, provides that Communications should be 'submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized with the matter'. 70. As discussed in the paragraphs above, the Commission has determined that the Complainant failed to exhaust local remedies. In circumstances where local remedies have not been exhausted, Complainants may yet submit to the Commission within a reasonable time from when they realized that local remedies were unavailable or ineffective. In this particular instance however, the Commission has also held that the Complainant has failed to demonstrate the unavailability or ineffectiveness of local remedies. As was the position of the Commission in Givemore Chari (represented by Gabriel Shumba) v Zimbabwe21 and other decisions, where a Complainant has failed to exhaust domestic remedies, it follows that the Communication will also be considered as not having satisfied the conditions of Article 56 (6) for having been submitted prematurely. 71. With regards to Article 56 (7) of the African Charter, the Commission has not come across any indication or evidence that the present Communication has been settled before any other international forum. Accordingly, the Commission finds that the requirement of Article 56 (7) of the African Charter has been satisfied. Decision of the Commission on Admissibility In view of the above, the African Commission Rights: 72. on Human and Peoples' i. Declares this Communication Inadmissible for failure to comply with Article 56 (3), (5) and (6) of the African Charter; ii. Notifies its decision to the Parties in accordance with Rule 107 (3) of its Rules of Procedure 2010. Done Virtually, this 74th Ordinary Session held from 21 Februa ,~$1) ,},c., r.l~l), ~fn , o q~A'I~b s~t~~f'11f1. ~.~) ,. ~v ':'"p f ~ 21 ~~ '" ~: t:~ ~ci 0 Communication 351/07 - Givemore Chari (represented by Gabriel Shumb . v ~epublic of Zimbabwe (2013)ACHPR. 3 ~ . d ~ "'0' i:;' ",_ A ~ .~;t/ 16

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