40. Relying on the Decision of the African Commission on Human and
Peoples' Rights in Communication Dawda K. Jawara versus the
Republic of The Gambia (Communication No. 147/95-149/96), the
Applicants submit that the remedy proposed by the Respondent is
neither effective nor sufficient and that, the undue prolongation of local
procedures provides justification for the Court to declare their
Application admissible.
41.As the Court underscored in its previous judgments, the rule regarding
the exhaustion of local remedies prior to referral to an international
human rights Court is one that is recognized and accepted
internationally1
42. It is clear from the records that the Applicants do not contest that they
have not used the totality of the judicial remedies existing in the
Respondent State's system. What is in contention between the Parties
is, on the one hand, the question as to whether the duration of the
procedure at national level has been unduly prolonged within the
meaning of Article 56 (5) of the Charter and Rule 40 (5) of the Rules;
and, on the other, the question as to whether referral to the
investigating judge is, in the judicial system of the Respondent State, a
remedy that is available, effective and sufficient.
43. Whereas the Respondent contends that the procedure was stalled
because the Police was unable to apprehend the perpetrator(s) of the
robbery, the Applicants, for their part, maintain that the author of the
robbery was identified, but that the Police and Office of the State
Attorney did not take steps to close the case at their level.
44. The question that arises at this juncture is whether there exists in the
Respondent's judicial system a remedy that the Applicants could have
1 Application 004/2013, LoM Issa Konate v. Burkina Faso (Preliminary Objections), Judgment of
5 December 2014, paragraph 78
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