Law
Admissibility
14. In terms of the provisions of article Article 56(5) of the African Charter on Human and Peoples' Rights,
"communications [......] relating to human and peoples' rights received by the Commission, shall be
examined if they [......] are sent after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged."
15. The facts alleged in the communication submitted by SOS-Esclaves are very grave and from all
appearances, contrary to the provisions of the African Charter on Human and Peoples' Rights, in particular
Articles 2, 3 and 5. However, the Complainant, having indicated that there are internal procedures initiated
by the supposed victims, does not say anything regarding the status of those procedures. Hence, the
Commission is unable to determine whether the said procedures have been concluded or otherwise; nor
whether they have allowed the supposed victims to have their rights restored.
16. To enable it to reach an objective determination, the Commission requested the Complainant to supply
the additional information it required. Faced with the silence observed by the latter, it is unable to form a
precise opinion regarding the facts of which it has been seized. This would seem to indicate that the
internal remedies have not been exhausted; the Commission is of the view that if they had been, the
Complainant would have made it known.
Holding
For these reasons, the Commission
Declares the communication inadmissible due to non-exhaustion of internal remedies; it however
acknowledges that the complainant still enjoys the opportunity to seize the Commission again once the
conditions of Article 56(5) have been fulfilled.
Bujumbura, 5th May 1999.
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