40. The Complainant further states that its Communication has not been subjected to proceedings before another international organization. Moreover the Complainant states that all local remedies have been exhausted and that the Communication was presented to the African Commission within a reasonable time period, from the time the local remedies were exhausted. The Respondent State’s Submissions on Admissibility 41. The Respondent State submits that the Communication should be declared inadmissible on the grounds that the condition of exhaustion of local remedies has not been met and on submission of the Communication within a reasonable time period from the exhaustion of local remedies. 42. To support these claims, the Respondent State argues that Article 15 of the Congolese Constitution guarantees the right to fair trial and prohibits torture, and that Article 180 of Book II of 30 January 1940 of the Criminal Code severely sanctions the violations of the rights of individuals by public servants. 43. The Respondent State further submits that the Victims did not refer the case against the perpetrators of the alleged acts of torture, to any national Court to obtain redress or to seek the compensation for their movable and immovable property allegedly seized in application of the contested Court decisions. 44. The Respondent State furthermore conveyed to the African Commission documents intended to prove that the decisions of the Military Court of the DRC may be appealed before the Supreme Court, which could constitute a local remedy that the Victims did not exhaust. 9

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