27.
The Court notes that the Respondent State raises an objection to the
admissibility of the Application based on failure to exhaust local remedies. The
Court will rule on this objection before examining the other conditions of
admissibility, if necessary.
A.
Objection to admissibility based on non-exhaustion of local remedies
28. The Respondent State submits that the Applicant did not exhaust local
remedies and therefore seized the Court prematurely. The Respondent State
submits that the Applicant, who filed the present Application while his cassation
appeal was pending, does not demonstrate that the procedure in respect of
the said remedy was unduly prolonged.
29. The Respondent State submits that, by this premature referral to the Court, the
Applicant does not give the Respondent State the opportunity to remedy the
alleged violation. It further contends that the Applicant should have awaited the
outcome of his cassation appeal before seizing this Court.
30. The Respondent State concludes that the Applicant did not exhaust local
remedies and, consequently, submits that the Application be declared
inadmissible.
31. The Applicant did not submit on this point.
***
32. The Court recalls that under Article 56(5) of the Charter and Rule 50(2)(e) of
the Rules, for an application to be admissible, local remedies must have been
exhausted, unless the said remedies are unavailable, ineffective and
insufficient or the procedure relating thereto is unduly prolonged. The
requirement of exhaustion of local remedies aims to give States the opportunity
to address human rights violations within their jurisdiction before an
10