i""f"J ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility the application. 42 The Respondent state argues that the Complainant failed to re-enroll the case on the ordinary roll after it was struck off for lack of urgency and that alternative remedies, including administrative complaint mechanisms, remained available.43 55. The Commission reiterates and remains guided by its position that remedies must be available, effective, and sufficient. 44 Reading the submissions, it is noted that the Constitutional Court's dismissal of the Complainant's case was procedural rather than substantive. Additionally, the Complainant had failed to pursue normal proceedings that might have provided an effective remedy. The Complainants have not addressed this argument, and in the absence of any submission, the Commission remains guided by its previous holding in Human Rights Council and Others v. Ethiopia, which holds45 that failure to exhaust available remedies , particularly where a communication is dismissed on procedural grounds, renders a communication inadmissible. Based on the foregoing , the Commission finds that the Complainant has not exhausted all available local remedies. 56. Consequently, the communication does not meet the requirement under Article 56(5) of the Charter. Article 56(6): Reasonable Timeframe 57.Article 56(6) requires that a Communication be submitted within a reasonable time after the exhaustion of local remedies. 58. Given that Article 56(6) speaks of 'after the exhaustion of local remedies' and is accordingly predicated on exhaustion of local remedies, the finding of the Commission in respect of Article 56(5) that local remedies are not exhausted makes consideration or analysis of whether the communication was submitted within a reasonable time unnecessary. If local remedies have not been exhausted, there is no basis for determining a reasonable period under Article 56(6) of the African Charter. In the present Communication, the Commission has established in the foregoing part that local remedies were not exhausted, thereby rendering it unnecessary to consider Article 56(6), which is co~ ~-!191•~ on Article 56(5) of the African Charter. ~o~;:1AR74~1vo'°~o~ ·. ~((' • .,,.,.f' c,;""" l~ (~ ~ ~~~~ 0- zcl 42 '6 See the Complainant's written submissions on admissibility and merits, Para 22-23. <$- -+.. ~ 43 Respondent's State Reply Submission, cited above, para. 29 Communication 147/ 95, Jawnra v. The ga111bia, para. 31 45 Communication 482/ 14, para. 67 44 10 I ge Aincanr11a Un·on · ' ',....~ ' p.\,}·\.l "' "'g .., ~J' - - - - Q<i., "' ~A•'RIC,._,~t. r<-.§-" ~~o~ E1 o~"'~ . " The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout. Kombo North District. West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Fm::ai l · ::.1 1Mh;::ani11lm)~frir..;1M1 ininn nrn