The Applicants contend that they were time-barred from appealing to the
Court of Cassation due to lack of awareness of this local remedy. They
further submit that apart from being unaware of the existence of such a
remedy, they were also not aware of their right to be assisted by counsel
who could have initiated such a procedure on their behalf before the
domestic courts.
27. The Applicants further submit that even if they had appealed to the Court of
Cassation, this remedy would not have been successful since it is an
extraordinary remedy that is not effective.
***
28. The Court recalls that under Article 56(5) of the Charter, the provisions of
which are restated in Rule 50(2)(e) of the Rules, Applicants are required to
exhaust local remedies before bringing any Application before it.
29. The Court emphasizes that the local remedies to be exhausted are
remedies of a judicial nature which must be available, that is, they can be
used without impediment by the Applicant, effective and sufficient, in the
sense that they are able to give satisfaction to the Applicant or are of such
a nature as to remedy the disputed situation.4
30. The Court further recalls that, in line with the Court’s established
jurisprudence, this requirement is waived only if the Applicant demonstrates
that the remedies are unavailable, ineffective, unsatisfactory or if the
procedure relating thereto is unduly prolonged.5
Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314, § 108; Sébastien Germain
Marie Ajavon v. Republic of Benin, ACtHPR, Application No. 027/2020, Ruling of 2 December 2021
(jurisdiction and admissibility), § 73.
5 Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 44; African
Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2 AfCLR 9, §§
93-94.
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