alleged to have occurred. As indicated earlier, the requirement of the exhaustion of
local remedies is intended to give the State the opportunity to correct the human
rights violations committed. To assess whether the State has had this opportunity, it
is of paramount importance that it be informed of all the details of the complaint. It
is incumbent on the State to ensure that the national regulations are properly
adhered to. In the case in question, there is no evidence that the Victims took any
steps to bring the case before the local courts.
74. From the foregoing, the Commission therefore concludes that the Complainant has
not exhausted the local remedies in relation to the alleged violations of torture and
confiscation of property.
75. The second point of contention in the present Communication is the condition
under Article 56(6) of the African Charter which stipulates that the Communication
shall be considered if it is submitted within a reasonable time period from the time
local remedies are exhausted or from the date the Commission is seized of the
matter. It is not worthwhile to analyse the condition under Article 56(6) given that
Article 56(5) was not complied with.
76. This requirement is tied to the requirement of exhaustion of local remedies so
much so that the point of departure of the reasonable time is from the date of
exhaustion of local remedies. The African Commission having ruled that local
remedies have not been exhausted, it automatically follows that the requirement
under Article 56(6) of the Charter is not met.
Decision of the African Commission on Admissibility
77. In view of the foregoing, the African Commission decides to:
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