• • request the government to adopt and implement such measures as may be indicated by the [African] Commission to prevent recurrence of the violations complained of in this communication; and request the government to report periodically to the [African] Commission on steps taken by it to comply with the finding and remedies indicated by the [African] Commission. Procedure th 9. The complaint, dated April 2002, was sent on 4 April 2002, and received at the Secretariat on th 5 April 2002. nd th 10. At its 31st Ordinary Session held from 2 to 16 May 2002 in Pretoria, South Africa, the African Commission considered the complaint and decided to be seized thereof. th 11. On 28 May 2002, the Secretariat wrote to the Complainants and Respondent State to inform them of this decision and requested them to forward their submissions on admissibility before the nd 32 Ordinary Session of the [African] Commission. nd rd th 12. At its 32 , 33 and 34 Ordinary Sessions, the communication was deferred to enable the parties make submissions on admissibility. th th 13. At its 35 Ordinary Session held from 21st May to 4 June 2004 in Banjul, The Gambia, the African Commission considered this communication and declared it inadmissible. Law Admissibility 14. 56(5) of the African Charter requires that “a communication be introduced subsequent to exhaustion of local remedies, if they exist, unless it is obvious to the Commission that the procedure for such recourse is unduly prolonged”. 15. The Complainants’ claim that theirs is a special case in which they assert that, by the jurisprudence of the African Commission, the epidemiology of the violations described precluded the requirement to exhaust domestic remedies. Despite this, however, the African Commission had nd rd th decided, at its 32 , 33 and 34 Ordinary Sessions, that both parties should forward their written submissions on admissibility. 16. Despite several reminders, the Complainants, in particular, have not furnished their written submissions on admissibility. Consequently, the African Commission holds that the Complainants have not shown if they have exhausted local remedies as required by the African Charter. Holding For these reasons, and in accordance with Article 56.5 of the African Charter, the African Commission, Declares this communication inadmissible due to non-exhaustion of local remedies. th th Done at the 35 Ordinary Session held in Banjul, The Gambia from 21st May to 4 June 2004.

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