established by the Commission. Indeed, in as much as these allegations tarnish the image
of the Government, which in any case of alleged human rights violations is bound to
happen, the Commission sees a challenge in determining that statements made by the
Complainants aim at unlawfully and intentionally violate the dignity, reputation or
integrity of a judicial officer or body.
107. Further, the consideration of a complaint by the Commission is a process. Findings
pertaining to the analysis of the alleged violated articles occur in the Merits phase. In that
regard, evidence of the alleged violations will be considered then. Therefore, at this stage,
the State's argument as to the absence of evidence constitutes an insult to the Government
cannot be determined. Consequently, the Commission finds that the conditions of Article
56 (3) have been satisfied.
, .. '
News disseminated
through mass media (Article 56 (4))
108, Article 56 (4) requires that Communications
disseminated through the mass media".
."
"are not based
...
exclusively
on news
109. The Commission observes that, based on the submissions of the Complainant and primary
evidence provided, the facts and violations allegedtiiith.is Complaint are in harmony with
relevant reports established by trustworthy sources. Indeed, the present facts, resulting
from the situation of instability in 2016 were noted by the ACHPR, though a Press Release,
condemning the alleged violations, Further, the Human, Rights Council recognized the
existence of the Al}gloph9ne crisis, in its 39th session. Furthermore, International Crisis
Group equally evid'(:?ncedthe existence of the Cameroon crisis. The Commission observes
that this matter is widely known and established, and that therefore, it is not solely based
on information resulting from mass media.
110. In view of the above, the Commission concludes that the conditions of Article 56 (4) have
been satisfied.
Exhaustion of local remedies (Art~cI~'5,6(5))
:
'
,-.'-'~"l.:,;
:.
111. Article 56(5) of the Charter requires that Communications" are sent after exhausting local
remedies, if any, unless it is obvious that this procedure is unduly prolonged".
112. This principle underlines the importance of State judicial sovereignty. The principle
reserves the right to national courts to redress any violation alleged to hav -~~~t1
~
by the State. This implies that, as a principle, "victims first use the judicial 0 ,:>~@irttSt1J'l1t~~ .
~ompla~lt proced~res available under national law before bringing ~/$i)mH aiti.~n~e
°1",'
international level 13.
I/~
(f,.)' 't\ ;
,.='/
, ~ o
V
J:: I r
e:~~~t
113. The Commission Jaid "" foundation. of this p~in~iple in its j~ri~pruden
e cacs~ p!ii C;;i
Dawda K. [awara against TIle Gambia, wherein It held that this prevent , the~
ffi'is'(~i1<v':>'
c
.
13 International Justice Resource Center, Exhaustion of Domestic Remedies
in the African Human Rights System, https:/fjjrcenter,org/exhaustion-of-dQ.me_s_tic-rem.edLesI
110
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18