48. In the present Communication, the Commission notes that it is alleged that Articles 1,
2, 3, 4, 5, 6, 7 and other relevant articles of the African Charter have been violated.
These alleged violations fall within the jurisdiction rationae materiae of the
Commission. Further, the Respondent State is a State Party to the African Charter,
accordingly the Communication falls within the jurisdiction rationae personae of the
Commission.
49. Given that the Communication is not incompatible with either the AU Constitutive
Act or the African Charter, and it indicates a prima facie violation of the African
Charter, the Commission accordingly finds that the Communication satisfies Article
56(2) of the African Charter.
50. With respect to Article 56(3) of the African Charter, which provides that
Communications shall be considered if they are not written in disparaging or
insulting language directed at the State concerned and its institutions or to the
Organization of African Unity, the Commission does not find any insulting or
disparaging language in the Communication, and accordingly the Commission finds
that Article 56(3) of the Charter has been complied with.
51. In relation to Article 56(4) of the African Charter, the Commission notes the
Complainant’s submission that the Communication includes the transcripts of the
judicial process of the Victim’s case in the Respondent State. In light of the fact that
there is no evidence that any of the information provided is based exclusively on news
disseminated through the media, the Commission consequently finds that the
requirement of Article 56(4) has been met.
52. Article 56(5) of the African Charter requires that Communications be submitted after
exhausting local remedies, if any, unless it is obvious that this procedure is unduly
prolonged.
53. In this regard, the Commission notes that it is a generally accepted principle in
international law that before an international body is approached, the applicant must
exhaust all available legal domestic remedies.5 The Commission further notes that in
order to meet the exhaustion requirement, a victim must have obtained a final
decision from the highest court to which recourse is available.6
54. In the present Communication, the Complainant has submitted that having taken the
Victim’s case to the highest court of the land, that is the Judicial Committee of the
Chidi Anselm Odinkalu and Camilla Christensen, ‘The African Commission on Human and Peoples' Rights: The
Development of its Non-State Communication Procedures,’ Volume 20 Human Rights Quarterly 1998, Pg.256. See
also, Communications 54/91 - Malawi African Association v. Mauritania; 61/91 - Amnesty International v.
Mauritania; 98/93 - Ms. Sarr Diop, Union Interafricaine des Droits de l’Homme and RADDHO v. Mauritania;
164/97, 196/97 - Collectif des Veuves et Ayants-droit v. Mauritania; 210/98 Association Mauritanienne des Droits
de l’Homme v. Mauritania
6
Communication Procedure, Information Sheet No.3, pg.6
5
7