35. The State also submits that apart from the legal remedies, the Constitution of the Democratic Republic of Congo, in its Article 79, provides for the right of pardon to be exercised by the President of the Republic, since the latter can suspend, commute or mitigate the punishments. According to the State, though it is not a conventional legal remedy, the right to request for pardon or the commutation thereof is an established right of any person condemned to death by Article 6 (4) of the International Covenant on Civil and Political Rights. 36. In this regard, the State argues that the Prosecution and the counsels for the convicted persons immediately appealed for pardon by the President of the Republic and that the said remedy was still under consideration at the time the Commission was seized of the matter. The State therefore concludes that the local remedies were not exhausted. The Commission’s Analyses on Admissibility 37. This Communication was submitted in accordance with Article 55 of the African Charter which gives competence to the Commission to receive and consider « communications other than those from State Parties ». To be deemed admissible, the said Communications, must meet the requirements stipulated in Article 56 of the African Charter. 38. Considering the memoranda submitted by the Parties, it is obvious that they cover all the admissibility requirements except the one relating to exhaustion of local remedies. The Commission itself has noted that only the requirement on exhaustion of local remedies set out in Article 56(5) of the African Charter is the bone of contention. Under the terms of the aforementioned Article, a communication can only be declared admissible when the local remedies have been exhausted, unless it is obvious to the Commission that the said remedies have been unduly prolonged. 39. In its judgment in Jawara v. Gambia,2 the Commission considered that when they exist, the domestic remedies must be available, effective and sufficient. A remedy is deemed to be available when it can be pursued by the Complainant without any impediment; it is effective if it offers some prospect of success and it is found sufficient if it is capable of remedying the alleged violation.3 Sir Dawda K. Jawara v. Gambia Communication 147/95 and 149/96 (2000) RADH 107 (2000) para 31. 3 Jawara para 32. Emphases by the Commission. 2 7