effectiveness and adequacy of local remedies. In that regard, it argued that
it was for the Applicant State to show that the alleged victims exhausted the
remedies or that those remedies did not meet the required characteristics.
307. The Respondent State contends that the claims of the alleged victims could
be examined before its courts and that, consequently, there was no reason
not to exhaust local remedies.
***
308. The Court notes that, under Article 56(5) of the Charter, restated in Rule
50(2)(e) of the Rules, applications filed before it must be filed after all local
remedies have been exhausted, if any, unless it is clear that the
proceedings thereof are unduly prolonged.
309. The Court also notes that local judicial remedies must be available, that is,
they must be capable of being pursued without impediment. They must also
be effective and sufficient, in the sense that they are capable of remedying
the situation in question.39 In accordance with the Court’s established
jurisprudence, the rule is waived only where such remedies do not meet the
requirements of
availability,
effectiveness and
sufficiency or are
unreasonably prolonged.40
310. In addition, the Court has consistently held that it examines the exhaustion
of local remedies in the light of the specific circumstances of each case.41
311. The Court notes that, in the present case, the objection alleging nonexhaustion of local remedies is based on the fact that the Applicant State
did not exhaust the remedies available under the rules of diplomatic
39 Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314, § 108 and Sébastien
Germain Marie Aïkoué Ajavon v. Republic of Benin (jurisdiction and admissibility) (2 December 2021) 5
AfCLR 94, § 75.
40 Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 44; African
Commission on Human and Peoples’ Rights v Republic of Kenya (merits) (26 May 2017) 2 AfCLR 9, §§
93-94.
41 Sébastien Germain Marie Aïkoué Ajavon v Republic of Benin (merits) (29 March 2019) 3 AfCLR 130,
§ 110.
69
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