between the exhaustion of local remedies and submission of the Complaint to the
Commission qualifies as a reasonable time period.
66. In this regard, the Commission notes that the African Charter does not provide for
what constitutes a reasonable period. In its jurisprudence, the Commission has held
that; “Going by the practice of similar regional human rights instruments, such as the
Inter-American Commission and Court and the European Court, six months seem to
be the usual standard. This notwithstanding, each case must be treated on its own
merit.”13
67. In Communication 310/05: Darfur Relief and Documentation Centre v. Sudan, which
was submitted to the Commission 2 years and 5 months after exhausting local
remedies, the Commission reasoned that “there is no sufficient reason given as to why
the Communication could not be submitted within a reasonable period, and therefore
declared the Communication inadmissible.”14
68. In the present Communication, the Complainant stated that Article 56(6) had been
complied with, as noted in Paragraph 25 above, however did not provide any
substantiating evidence for this assertion.
69. Relying on the above jurisprudence, the Commission holds that the period of ‘three
years, one month and fifteen days‘ of delay in the present Communication cannot be
considered as a reasonable time period, in light of the fact that no explanation has
been given by the Complainant justifying the delay. Accordingly, the Commission
finds that the Communication does not fulfill Article 56(6) of the African Charter.
70. In relation to Article 56(7) of the African Charter, neither the Complainant nor the
Respondent State provided submissions or evidence on whether the issues and claims
in the Communication have been brought before, or settled by another international
forum. However, in light of the fact that the Commission does not find evidence which
indicates that the issues and claims have been brought before, or settled, by any other
international forum. Accordingly, the Commission finds that Article 56(7) of the
African Charter has been satisfied.
Decision of the African Commission on Admissibility
71. In view of the above, the African Commission on Human and Peoples’ Rights decides:
i.
13
14
To declare the Communication inadmissible for failure to comply with
Article 56(6) of the African Charter;
Communication 308/05 Michael Majuru v. Zimbabwe (2008) ACHPR, para.109
Communication 310/05: Darfur Relief and Documentation Centre v. Sudan (2009) ACHPR, para.76
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