inhuman treatment, and the right to life. It states that, however, when people are subjected to unfair trials, justice cannot be served. 12. The Complainant further states that the Commission at its 44th Ordinary Session in Abuja, Nigeria, in November 2008 adopted a resolution calling on African States, including Nigeria, that still retain the death penalty to "observe a moratorium on the execution of death sentences with a view to abolishing the death penalty." It avers that the resolution recalled Article 4 of the African Charter, which recognizes the right of everyone to life, and Article 5(3) of the African Charter on the Rights and the Welfare of the Child, which guarantees the non-application of death penalty for crimes committed by children. The resolution expresses concerns about "the failure of some African states [including Nigeria] to give effect to the UN resolutions and African Commission's own 1999 resolution calling for a moratorium on executions", and about the application of "the death penalty in conditions not respectful of the right to a fair trial guaranteed under the African Charter on Human and Peoples' Rights and other relevant international norms". 13. The Complainant states that the resolution also asked AU member states, including Nigeria, that still retain the death penalty to: fully comply with their obligations under the African Charter and guarantee to every person accused of crimes for which capital punishment is applicable, fair trial standards; and to include in their periodic reports information on the steps they are taking to move towards the abolition of the death penalty in their countries. 14. The Complainant states that it considers that the application of the death penalty in these cases will be illegal and unjust. The Complainant further considers supervening factors such as those highlighted above to be sufficient grounds for stopping the Edo State authorities from going ahead with the planned execution of prisoners on death row with the unjustified and illegitimate ground that the prisoners are "becoming unmanageable". The Complainant argues that prisoners are not denuded of their rights by mere conviction. If carried out, the death sentences on the Victims would amount to inhuman or degrading treatment and unfair trial as many of the prisoners on death row have not exhausted their right to appeal. 15. The Complainant concedes that generally, local remedies must be exhausted prior to submitting a Communication to the Commission. However, it submits that there are exceptions to this general rule, as the Commission has stated that local remedies must be available, effective and sufficient. It avers that a local remedy is considered available if the petitioner can pursue it without impediment; it is effective if it offers a prospect of success and it is sufficient if it