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. 21

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