by the Complainant before any recourse of the African Commission can be
allowed. In determining this rule, the African Commission has stated that “the
remedy must be available, effective and sufficient and a remedy is considered
available if the petitioner can pursue it without impediment, and if sufficient it is
capable of redressing the complaint2”.
38. The Complainant further submits that it is quite clear from the evidence set out
in the Complaint that no good and sufficient remedy was available to the
Applicants despite their engagement in a long and protracted judicial process,
and as a result the Applicants have duly exhausted all the domestic remedies
available to them in Ethiopia for the purpose of Article 56(5) of the African
Charter.
39. The Complainant states that Article 56(6) of the African Charter has been fulfilled
because the Communication is submitted within a reasonable time of their
having exhausted local remedies.
40. The Complainant submits that the Communication has not been submitted to
any other procedure of international investigation or settlement and as such has
complied with Article 56(7) of the African Charter.
Respondent State’s Submission on Admissibility
41. The Respondent State submits on the following two grounds:
i.
the Communication is incompatible with the Constitutive Act of
the AU or with the African Charter
2
Communication 147/95,para 3 and 32. Dawda Jawara v The Gambia.
10