Commission to receive and consider “Communications other than those of State Parties.” 39. Under Article 56 of the African Charter, Communications received under Article 55 must meet the following seven conditions to be declared admissible: 1. Indicate their authors even if the latter request anonymity; 2. Are compatible with the Charter of the Organisation of African Unity or with the present Charter; 3. Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organisation of African Unity; 4. Are not based exclusively on news disseminated through the mass media; 5. Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged; 6. Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized with the matter; and 7. Do not deal with cases which have been settled by those States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organisation of African Unity or the provisions of the present Charter. 40. The issue that the Commission is called upon to settle at this stage is whether the Communication is admissible under Article 56 of the African Charter. In other words, the Commission is required to determine whether the conditions listed above have been met for the Communication to be declared admissible. The answer to this question will emerge from the analysis of the arguments made by both the Complainant and the Respondent State. The Complainant’s Arguments on Admissibility 41. The Complainant claims to have met all the above-listed admissibility conditions. He states, with regard to the exhaustion of local remedies, in particular, that there is no longer any remedy to be exhausted in respect of the third party proceedings pending before the Supreme Court. 42. The Complainant submits that remedies are unduly prolonged. He claims to have referred the matter firstly to the Council of the Bar Association in Bukavu and then to the National Bar Council in Kinshasa which, on 1 April 1998, issued Arbitral Award No. 98/CNO/LH/006 ordering Pharmakina 6

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