to reject a Communication because some aspects of it are based on news
disseminated through the mass media. For this reason, the African Commission
believes that the present Communication meets Complainants the requirements
of Article 56(4) of the African Charter.
107.
Article 56(5) of the African Charter on its part requires that Communications
brought under Article 55 of the African Charter shall be considered only if they
AC
HP
R
“are sent after the exhaustion of local remedies, if any, unless it is obvious that
this procedure is unduly prolonged”. The relevance of Article 56 (5) of the
African Charter is to ensure that international mechanisms are not substitutes for
domestic implementation of human rights, but should be seen as tools to assist
the domestic authorities to develop a sufficient protection of human rights in
their territories.
108.
The African Commission notes that the submissions of the Complainants that
Kobedi‟s case has been dealt with by the Botswana Court of Appeal, the apex
court in the Respondent State, are relevant to the issue of exhaustion of local
remedies.
The
African
Commission
is,
therefore,
satisfied
that
the
Communication has not contravened the provision of Article 56(5) of the African
Charter.
109.
According to Article 56(6) of the African Charter, Article 55 Communications
will be considered if submitted to the African Commission within a reasonable
time after the exhaustion of local remedies. While the African Charter is silent as
to what amounts to a reasonable time, it is important to note here that, the issue
of reasonable time is determined on a case to case bases taking into consideration
all the relevant facts. The present Communication was submitted within four
months following the decision of the Botswana Court of Appeal. The period of
four months in the circumstances of this case is reasonable. The African
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