'
.
ACH PR
African Commission on
Human Rights our
. ·
Human and Peoples' Rights
Collective Responsibility
or ineffective. In this particular instance, however, the Commission also held
that the Complainant needed to demonstrate the unavailability or
ineffectiveness of local remedies. As was the position of the Commission in
Givemore Chari (represented by Gabriel Shumba) v Zimbabwe16 and other
decisions, in situations where local remedies have not been fully exhausted, the
admissibility of the Communication is deemed premature. Therefore, if a
Complainant has not yet pursued all domestic remedies, it can be concluded
that the Communication does not satisfy the conditions outlined in Article 56
(6) of the African Charter.
76. Regarding Article 56 (7) of the African Charter, the Commission has not seen
any indication or evidence that the present Communication has been settled
before any other international forum. Accordingly, the Commission finds that
the requirement of Article 56 (7) of the African Charter has been satisfied.
The decision of the Commission on Admissibility
77. Given the above, the African Commission on Human and Peoples' Rights:
i.
Declares this Communication Inadmissible for failure to comply with
Articles 56(5) and 56(6) of the African Charter;
ii.
Notifies its decision to the Parties in accordance with Rule 118 (4) of its
Rules of Procedure 2020.
Done, this 80th Ordinary Session held virtually from 24 July to 2 August, 2024
Communication 351/07 - Givemore Chari (represented by Gabriel Shumba) v , �
3
Zimbabwe (2013) ACHPR.
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Email: au-banjul@africa-union.org
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