“If the Commission has declared a communication inadmissible under the Charter, it may reconsider this decision at a later date if it receives a request for reconsideration.” 14. The 1995 Rules have since been replaced by the 2010 Rules of Procedure2 which are currently applied by the Commission. Considering that the present request was initially submitted to the Secretariat in January 2011, following the adoption of the current Rules of Procedure, the Commission will be guided by Rule 107 (4) of the 2010 Rules of Procedure on review, which provides as follows; “If the Commission has declared a Communication inadmissible, this decision may be reviewed at a later date, upon the submission of new evidence, contained in a written request to the Commission by the author.” 15. The original Communication was declared inadmissible for the reason that it did not comply with Article 56(5) of the African Charter which requires Communications to be sent to the Commission after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged. In its original decision, the Commission had concluded that the Complainants did not make any attempts whatsoever to exhaust local remedies. 16. Accordingly, the Commission will first consider the admissibility of the request for review by assessing whether the issues raised by the Complainant constitutes ‘new evidence’ in terms of Rule 107 (4) of the Commission’s Rules of Procedure. 17. The Commission has clearly set jurisprudence that it ‘can review its own decision when it is apparent that the application introduces a new or compelling element, the failure to consider which would be an affront to fairness, justice and good conscience.’3 Further, this Commission has stated that; the application would be granted where it is proved that some facts have been discovered which intrinsically might have had a decisive influence on the judgment had it been brought to the attention of the Commission at the time the decision was made, but which at the time was unknown to both the Commission and the party making the application 2010 Rules were adopted by the Commission during its 47th Ordinary Session held in Banjul, The Gambia from 12 to 26 May 2010 3 Communication 373/09 - INTERIGHTS, Institute for Human Rights and Development in Africa, and Association Mauritanienne des Droits de l’Homme v Mauritania (2010) ACHPR, para 11 2 4