53. The Complainant alleges that the condition under Article 56(7) of the Charter has
also been met since the case was not subjected to any other international
proceedings.
54. Among the conditions set out in Article 56, only the conditions relating to the
exhaustion of local remedies (Article 56(5) and the need to submit the
Communication within a reasonable time frame with effect from the date of
exhaustion of local remedies (Article 56(6) have been challenged by the Respondent
State.
55. Concerning the five conditions which the Respondent State has not specifically
challenged, the African Commission concurs with the Complainant that they have
been met. Having studied the Complainant’s submissions, the African Commission
sees no reason to hold an opposing view, and is therefore of the opinion that the
requirements under Articles 56(1), (2), (3), (4) and (7) of the Charter have been met.
In light of this, only the contested Articles, that is 56(5) and 56(6) of the Charter, will
be subjected to analysis.
56. In the present Communication, it should be noted that several letters were sent to
the Complainant by the Secretariat requesting supplementary observations on the
argument presented by the Respondent State on the non exhaustion of local
remedies by the Victims.
57. Following the lack of reaction from the Complainant to the Respondent State’s
arguments on the exhaustion of local remedies, the African Commission has no
other choice but to proceed with the examination of the admissibility of the
Communication solely on the basis of the information it has been provided.
12