25. The Court notes that under Article 56(5) of the Charter and Rule 50(2) of
the Rules, applications must be filed after exhaustion of local remedies, if
any, unless it is clear that the proceedings thereof are unduly prolonged.
26. The Court emphasises that the local remedies to be exhausted are judicial
remedies. They must be available, that is, they can be exercised without
hindrance, and they must be effective and satisfactory, in the sense that
they are capable of remedying the situation in question.4 In line with the
Court’s established jurisprudence, the only exception to this rule is where
such remedies do not meet these requirements or are unduly prolonged.5
27. Moreover, the Court has consistently held that it examines the question of
exhaustion of local remedies taking into account the circumstances of each
case and having regard to the remedies available under the judicial system
of the Respondent State.6
28. In the present case, the Court notes that the Applicant acknowledges that
he did not appeal the judgment of the Court of Appeal of Abidjan before the
Cour de cassation because he was not represented by counsel and was
unaware of the existence of the remedy which, in any case, is ineffective.
29. The Court notes that it has consistently held that in the judicial system of
the Respondent State, the appeal procedure before the Cour de Cassation
is an available, effective and satisfactory remedy.7
4
Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314, §108; Sébastien Germain
Marie Ajavon v. Republic of Benin (jurisdiction and admissibility) (2 December 2021) 5 AfCLR 623, §
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.
6 Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin (merits) (29 March 2019) 3 AfCLR, 130,
§ 110.
7 Oulaï Marius v. Republic of Côte d'Ivoire, ACtHPR, Application No. 032/2019, Judgment of 4 December
2023 (jurisdiction and admissibility), § 34; Goh Taudier and Others v. Republic of Côte d'Ivoire, ACtHPR,
Applications Nos. 017/2019, 018/2019 and 019/2019 (joinder of cases), Judgment of 4 June 2024
(jurisdiction and admissibility), § 38.
8