(�':i. ACH PR ·• • African Commission on Human Flights our Human and Peoples· Bights Collective Hesponsibility Certificate of Delay on July 26, 2017. Upon receipt of the certified copies, the Complainant states that he expeditiously lodged Volume One and Two of Civil Appeal No. 261 of 2017 with the Court of Appeal in Nairobi on July 31, 2017, and served the Respondent's Advocates on August 1, 2017. The Complainant highlights that, as of the drafting of this Communication for submission to the Commission, the Court of Appeal had not yet scheduled the appeal for a substantive hearing. 52. In Amnesty International v. Sudan, the Commission highlighted the importance of exhausting local remedies before resorting to international mechanisms. 6 The Commission emphasized that the exhaustion requirement is based on the principle of subsidiarity, which promotes the primary responsibility of domestic authorities in protecting and enforcing human rights. Only when local remedies have been exhausted or proven ineffective are recourse to international mechanisms appropriate. 53. The alleged obstruction of justice raises significant apprehensions regarding the Complainant's professional association with the judiciary. However, this Commission believes that the allegation of a lack of trust in the judiciary does not automatically render all local remedies unavailable or ineffective. In assessing the functionality of local remedies, factors such as legal provisions, procedural guarantees, and past precedents should be considered. While the allegation of a lack of trust holds significance, it does not exempt individuals from the requirement to exhaust local remedies. 54. The exhaustion requirement is a fundamental principle of international law, ensuring the proper functioning of domestic legal systems and granting national authorities the opportunity to address alleged violations before international intervention. Upholding the obligation to exhaust local remedies, even in cases where a lack of trust is alleged, strikes a balance between local accountability and the protection of human rights. It recognizes that local remedies can provide redress in certain instances, and bypassing them without sufficient justification may undermine the integrity of the domestic legal system. 55. Within the context of this Communication, the Commission acknowledges the Complainant's assertion regarding the ruling of the Vetting Board as interference with the judiciary; however, this does not absolve the Complainant e from the obligation to exhaust available local remedies. ���iL_ Complainant has not presented substantiated evidenc 6 Communications 48/90, 50/91 , 52/9 1 , 89/93-Amnesty International and Others v. Sudan, para 11 African 3 Phon s' Rights District, e Gambia . 0) 441 05 04 Email: au-banjul@africa-union.org