upon the Commission to look into a matter that has already been thrashed out before the Supreme Court of Mauritius and the Judicial Committee of the Privy Council, amounts to an abuse of process. 36. The Respondent State therefore submits that the Complainant has failed to comply with the requirements of Article 56(2) of the African Charter. requires that a Communication should be considered if it is sent 37. Article 56(5) after exhaustion of local remedies, if any, unless it is obvious that this procedure is prolonged. The Respondent State submi the Protection of Human Rights in this regar Act in 19 8 thereby that Mauritius enacted establishing a National Human Rights Commission (NHRC), having as 'ts main objective the protection and promotion of human rights. 38. The Respondent State submits that the Complamant has an avenue under Section 4A of the Act to seek redress for the alleged human rights violations through forwarding his grievances to the NHRC, who would conduct an inquiry as to whether there is sufficient fresh and compelling evidence and will thereafter refer the matter to-the Court of Criminal Appeal. The Respondent State submits that a failure by the Complainant to avail himself of this local remedy is a breach of Article 56(5 39. The of the African Charter. Respondent tate additionally reiterates the principle established by the Commission that the rationale for exhaustion of local remedies is to give the State an opportunity to remedy tlie situation through its own system, before the matter is taken up by an international body. The Respondent State further refers to the test laid down by the Commission in [aioara v The Gambia in which it held that local remedies must be available, effective and efficient. The State submits that the remedy under Article 4A meets all of these criteria as there is no impediment for the Complainant or his representative to apply to the NHRC and if the NHRC is of the view that there is sufficient fresh and compelling evidence, the matter will be referred to the Court of Criminal Appeal on the issue of therefore submits that the Communication has failed to conviction. 40. The Respondent State satisfy Articl and O s ... ...w:i9 �'+:�·"\ inadmissi 56(5) of the 't 1 G,r,.., ' 1 � -. . l � 'le c J �i� .., ,..., � !' .;:, · � ?' u, . � .... ¥'�-� .J � ,. � ,ff_ · •h. "'lt'..f,s51Qi,\ !>, � 0 )' ��11,()\t�,, "'·-- ...... I 7 African Charter and must be ruled