remedies is not required where, as was his case, he was illegally removed from the
Respondent State’s jurisdiction. Additionally: he cannot pursue remedies from
outside Djibouti; he is unable to return; and/or it would be impractical and
unrealistic for him to seek any possible domestic remedy there. To demonstrate his
inability to return to Djibouti, the Complainant states that he no longer has means to
travel to Djibouti, a strange country for him, and to retain a lawyer to represent him
in his quest for justice from the domestic courts.
74.
With regard to Article 56(6) of the African Charter, the Complainant argues
that since domestic remedies are not available, the requirement to present his
Communication within reasonable time does not apply.
75.
Alternatively, he argues that the Communication should be held to have been
submitted within reasonable time from the date he became aware that domestic
remedies were not available, to wit, any time after 31 March 2009 when he submitted
a letter to the Djiboutian authorities, detailing the treatment he suffered. The
Communication having been submitted within six months from 31 March 2009, it
should be held to be within reasonable time, so he argues.
76.
Further in the alternative, the Complainant argues that owing to the
clandestine nature of the treatment he was subjected to and the repercussions of
such treatment on his entire life, three years (from the date of his eventual release
from prison) must be held to be reasonable time in terms of Article 56(6) of the
African Charter.
77.
Lastly, the Complainant states that the substance of his Communication has
not been settled by any other procedure of international investigation or
adjudication.
2. Respondent States Arguments on Admissibility
78.
The Respondent State challenged the admissibility of this Communication on
the basis of non-compliance with Article 56(2), (5), and (6) of the African Charter.
79.
The Respondent State argues that the Communication is not compatible with
the Charter as required under Article 56(2) thereof. In this regard it states first that
compatibility ratione materiae requires that the Communication should indicate prima
facie violations of the rights protected under the Charter. In this regard it argues that
the evidence presented by the Complainant does not meet the standard of ‘sufficient
factual basis’ to establish a prima facie case of violations of his rights.
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