Communication 431/12 – Thomas Kwoyelo v. Uganda (3), (4), (6) and (7) are satisfied. To this end, the analysis on admissibility will focus on the requirement contained in Article 56(5) of the Charter. 42. Article 56(5) of the African Charter provides that Communications received by the Commission shall be considered “if they are sent after exhaustion of local remedies, if any, unless it is obvious that this procedure is unduly prolonged”. 43. The Commission has asserted that the rationale for the exhaustion of local remedies rule both in the Charter and other international instruments is to ensure that before proceedings are brought before an international body, the State concerned must have had the opportunity to remedy the matter through its own local system, thus preventing the Commission from acting as a court of first instance rather than a body of last resort that complements national systems.6 44. In the present Communication, the Complainant contends that all local remedies have been exhausted to the extent that they exist and that the Victim remains detained illegally with no timeline for when his detention may be subject to further review. The Respondent State on the other hand argues that local remedies have not been exhausted since the Supreme Court before which an appeal is pending and which is the court of final jurisdiction in the Respondent State has not yet been given the opportunity to hear the matter. The Respondent State also avers that the Supreme Court has the necessary quorum to hear the appeal. 45. The Commission notes that the Victim’s right to liberty was upheld by the Court of Appeal on 10 November 2011, following earlier decisions by the Constitutional Court to that same effect. The Commission also notes that the Attorney General filed an appeal to the Supreme Court against this decision on 23 September 2011, and further applied for a stay of execution of the decision of the Constitutional Court. The Commission notes further that the Victim has remained in detention 6 Sir Dawda Jawara v. The Gambia, n 3 above, para. 31 10 62nd Ordinary Session, 25 April – 9 July 2018