on
Human
and
Peoples'
Rights
(Ratification
and
Enforcement)
Act,
1990,
human rights actions could have been instituted. The Complainant has neither
referred to these possible procedures, nor steps taken in respect of the same, or
why they may not be available or sufficient. For these reasons, the Commission
finds that the Complainant had failed to meet the requirement under Article 56
(5).
47. Article
56
(6)
of
the
African
Charter
provides
consider Communications which "are submitted
from
the
time
domestic
Commission
is
seized
requirement
"is
quite
remedies
of
the
related
are
the
The
the
Commission
or
from
Commission
principle
shall
within a reasonable period
exhausted
matter."
to
that
of
the
the
date
held
the
that
exhaustion
of
this
local
remedies in accordance with article 56(5)," and that where domestic remedies
have
not been exhausted,
Complainant
the
time
opportunity
has
to
not begun
to
run
bring a Complaint.
7
such as
to
afford
the
As domestic remedies
have not been exhausted in the present case, the reasonable time period cannot
be computed,
and
the Commission finds
that the admissibility requirement
under Article 56 (6) of the African Charter is not met.
48. The
Complainants
Complaint
has
Commission
not
thus
indicate
been
finds
that
settled
that
the
in
compliance
before
any
other
with
Article
international
requirement under
Article
56
56
(7),
forum.
(7)
has
the
The
been
complied with.
49. For the reasons set out above, the Commission finds that Article 56 (1), (2), (3),
(4) and (7) have been met, but that the Complainant has failed to meet the
criteria for Article 56 (5) and (6).
Decision of the African Commission on Admissibility
50. In view of the above, the African Commission on Human and Peoples' Rights
decides to:
1.
Declare the Communication inadmissible for failure to comply with Article 56
(5) and (6) of the African Charter; and
ii.
Notify its decision to the parties in accordance with Rule 107 (3) of its Rules of
Procedure.
Done in Banjul, The Gambia, at the 65th Ordinary Session, held from 21 October
to 10 November 2019
9