persons to court in accordance with both domestic and international fair trial standards. 108. The Complainants in the present Communication cited a plethora of instances of crimes and human rights violations, including multiple occasions of the arrest of hundreds of individuals who were either protesting, marching, or involved in political rallies; the killing of dozens of individuals during police crackdowns on protesters and demonstrators; and cases of arrest of journalists, which are well documented and published by state and non-state actors, but never investigated by the Respondent State. Given the scale of the alleged violations and their wide publicity, the Commission believes that it is impossible for the Respondent State not to be aware of them and did nothing to investigate the allegations. What, therefore, guaranteed that there will be prospects of success for the Victims in domestic courts? 109. The Commission believes that the Respondent State’s inability/unwillingness to initiate an investigation and prosecute the perpetrators demonstrates that local remedies are unavailable, inefficient, and inadequate. 110. From the foregoing, the Commission notes that expecting the Victims to pursue or exhaust local remedies would be undesirable and unreasonable. The Communication accordingly falls under the category of exceptions to the requirement of exhaustion of local remedies and, therefore, satisfies the requirement of Article 56(5) of the Charter. 111. Concerning Article 56(6) of the Charter, a Communication must be submitted ‘…within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter’. 112. The Complainants aver that the Communication is submitted within six months of the date of proclamation of the May 2015 Elections. The Commission has previously held that the time frame within which to submit a Communication is dependent on the exhaustion of domestic remedies. Where domestic remedies are unavailable such that the Complainant cannot exhaust them, the Communication will satisfy Article 56(6) of the Charter as long as it is submitted without delay. The Commission notes that the present Communication has been submitted without delay and, therefore, finds that it satisfies the requirement of Article 56(6) of the Charter. 113. Article 56 (7) of the Charter provides that Communications shall be considered if they ‘do not deal with cases which have been settled by ~ 20 ~ African Commission on Human and Peoples’ Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia, Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/

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