f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall be
seised with the matter; and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
23. The Court notes that in the present case, the Respondent State raises an
objection to admissibility based on non-exhaustion of local remedies. The
Court will rule on this objection before examining other admissibility
requirements, if necessary.
A. Objection based on non-exhaustion of local remedies
24. The Respondent State asserts that the requirement of exhaustion of local
remedies implies that before a case relating to human rights violations is
brought before this Court, it must be first heard by all relevant courts in the
domestic court system of the State concerned, in order to afford the latter
the opportunity to remedy the alleged violation. The Respondent State
maintains that before domestic courts, the Applicants raised neither the
violations that they allege, nor the treaty provisions invoked.
25. The Respondent State submits that in the domestic proceedings preceding
referral to this Court, the Applicants did not exhaust all available remedies,
including the Court of Cassation. The Respondent State therefore prays the
Court to declare the Application inadmissible for failure to exhaust local
remedies.
*
26. The Applicants, for their part, maintain that their Applications are admissible
within the meaning of Article 56(5) of the Charter. They contend that they
did not appeal to the Court of Cassation for reasons beyond their control.
8