does not necessarily need to list the articles of the Charter alleged to
have been violated. The African Commission is satisfied that the
requirement of Article 56(2) has been fulfilled.
107. Articled 56(3) of the African Charter states that “Communications
…received by the Commission shall be considered if they are not
written in disparaging or insulting language directed against the State
concerned and its institutions or to the Organisation of African Unity
now African Union (AU)”. The present Communication is not written
in disparaging or insulting language directed to the State, its
institutions or the AU and for these reasons the African Commission
holds that the requirements of Article 56(3) have been complied with.
108. Article 56(4) of the African Charter states that “Communications
relating to human and Peoples’ Rights… shall be considered if they are
not based exclusively on news disseminated through the mass media.
The Communication is not based on news disseminated through the
mass media and there is evidence to show that the Communication is
based on statements and affidavits from the victims. For these reasons,
the African Commission holds that the requirements under Article
56(4) have been fulfilled.
109. Article 56(5) of the African Charter states that “Communications
relating to human and Peoples’ Rights… shall be considered if they:
are sent after exhausting local remedies, if any unless it is obvious that
this procedure is unduly prolonged”. The Respondent State submits
that the Complainants failed to avail themselves of the local remedies
within the State. The State contends that the Complainants could have
approached the High Court, the Human Rights Commission as well as
the Judicial Administration Council. The Complainants argue that the
state has had ample notice of the alleged violations and ought to have
taken steps to deal with the same. They add with respect to the Human
Rights Commission that the latter was established nine years after the
arrest and detention of the victims and that the Commission does not
have the power to deal with matters already being handled by the
courts.
110. In the present Communication therefore, the fact that the
Complainants have not sufficiently demonstrated why they could not
exhaust domestic remedies does not mean such remedies are available,
effective and sufficient. The African Commission can infer from the
circumstances surrounding the case and determine whether such
remedies are in fact available, and if they are, whether they are
effective and sufficient.
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