.~cHP:
·
ACH PR
' African Commission on
Human and Peoples' Rights
The complainant's observations on admissibility
cxmro
Human Rights our
Collective Responsibility
26. The Complainants allege that the Communication satisfies all the requirements of
Admissibility set out in Article 56 of the African Charter and present arguments in
support of this statement.
27. Regarding Article 56 ( 1) of the African Charter, the Complainants clearly indicated who
the complainants were.
28. With regard to Article 56 (2) of the African Charter, the Complainants contend that the
Complaint is in accordance with the Charter insofar as the Communication is against
an AU Member and a State Party to the ACHPR. In addition, the imminent eviction
operation by the Respondent State violates the rights contained in the African Charter.
29. With regard to Article 56(3) of the African Charter, the Complainants allege that the
Communication does not contain any outrageous or insulting terms.
30. In relation to Article 56(4) of the African Charter, the Complainants allege that the
Complaint is not based solely on information from the media.
31. With regard to Article 56(5) of the African Charter, complainants argue that the
principle of exhaustion of domestic remedies is based on the logic that the State party
should have priority in dealing with a case by granting it the opportunity to rule on a
matter before it is transferred to international courts.
32. The complainants further argue that in this way an international court is not considered
a court of first instance. The Commission, however, "has never considered that the
requirement of local remedies applies literally in cases where it is not practical or
desirable for the complainant to go to national courts in the event of any breach."
33. The complainants further allege that the Commission has always considered that
remedies at national level must be "available, effective and sufficient", so that "if the
right is not well guaranteed, there can be no effective remedy or remedy". In this
regard , remedies are considered to be "available if the applicant has access to them
without hindrance", "effective if it offers a prospect of success" and "sufficient if it is
able to remedy the damage".
34. The complainants allege that several cases related to the issue have b
to Kenyan courts by individuals, groups, etc. The previous case file
des Maasai community was in the form of an appeal to the High Cou