... are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly
prolonged.
16. The Complainant had argued that no domestic remedies are available for Mr Musa inside The Gambia
as the deportation order was still subsisting. And, in consequence, that Mr Musa is disabled in seeking
redress by invoking any legal or administrative process.
17. The Commission observed that the victim does not need to be physically in a country to avail himself of
available domestic remedies, such could be done through his counsel. In the instant case, it noted that a
Human Rights NGO based in Lagos, Nigeria filed the complaint. Rather than approach the Commission
first, the Complainant ought to have exhausted available local remedies in The Gambia. The Commission
therefore concludes that the Complainant has failed to comply with the provisions of Article 56(5) of the
Charter.
Holding
For the above reasons, the Commission
Declares the communication inadmissible.
Algiers, Algeria, 11th May 2000.
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