provided for by the Criminal Procedure Code. As such, the Respondent State
concludes that local remedies are indeed effective.
42. Regarding the Complainant’s obligation to take steps to exhaust local
remedies, the Respondent State calls on the Commission to examine the
consistency of such efforts. In response to the local procedures alleged to have
been followed by the Complainant’s husband, the Respondent State submits
that no relevant evidence was submitted in the Communication file. The
Respondent State further submits that the failure to come to Cameroon in
person to file the complaint may simply be interpreted as a refusal to exhaust
available remedies.
43. Cameroon states, in connection with the steps allegedly taken by the
Complainant, that investigation conducted by the Government at the mail
service of the Ministry of Justice, the Registry of the Mfoundi High Court in
Yaoundé and the Office of the State Counsel of the said court produced no
trace of the letters the Complainant alleges to have been sent to the Minister
of Justice and the State Counsel of the Mfoundi High Court.
44. The Respondent State concludes that in view of its arguments, local remedies
are available but the Complainant’s husband did not take steps to exhaust
them, and that under these circumstances the Communication should be
declared inadmissible on grounds of non-exhaustion of local remedies.
Analysis of the Commission on Admissibility
45. The Communication was submitted in accordance with Article 55 of the
African Charter on Human and Peoples’ Rights under which the Commission
is mandated to receive and consider “Communications other than those of
State Parties.” To be declared admissible, Communications have to meet the
conditions under Article 56 of the African Charter.
46. A consideration of the above arguments and facts suggests that the parties are
in agreement on all the admissibility conditions laid down in Article 56 of the
African Charter, with the exception of the exhaustion of local remedies. It also
appears to the Commission that, with the exception of the exhaustion of local
remedies, the conditions laid down in Article 56 have all been met.
47. The condition of the exhaustion of local remedies is laid down in Article 56(5)
of the African Charter as follows: in order to be considered by the
Commission, Communications must be “sent after exhausting local remedies,
if any, unless it is obvious that this procedure is unduly prolonged”.
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