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