Law Admissibility 14. According to the provisions of Articles 56(5), and (6) of the African Charter on Human and Peoples' Rights, communications received at the Commission, concerning human and Peoples' Rights shall, in order to be considered, necessarily fulfil the following conditions - they must be: • (5):"sent after exhausting local remedies, if any unless it is obvious that this procedure is unduly prolonged"; • (6):"submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter". 15. Mr Mohammed Lamine Diakité, was expelled from Gabonese territory on 22nd August 1989, pursuant to a warrant issued by the administrative authority of the State. Though he had returned to his country of origin, Mali, he undertook demarches with a view to causing the revocation of his warrant of expulsion, as well as obtaining compensation for the injury suffered due to the expulsion. He was later on authorised to return to Gabon where he is residing since 9th December 1997. 16. However, the focus of the Commission's attention is really on the fact that the condition regarding the exhaustion of internal remedies before seizing an international forum is based on the principle that the Defendant State should have had the opportunity to redress the injury caused to the victim by its own means, within the framework of its own judicial system. This principle does not however mean that the Complainant should necessarily exhaust remedies, which, in practical terms, are not available. 17. The respondent state by correspondence dated 30th April 2000 has submitted fresh evidence from which it essentially appears that Mr Mohammed Lamin Diakité had never contested the decision of expulsion No. 182/MATCLI-DGAT-DDF-SF issued against him. His return to the Gabonese territory is based on a political decision by the Gabonese Head of State following talks with his Malian counterpart during an official visit to Mali. Holding For the above reasons, the Commission Declares the communication brought by Mr Mohammed Lamin Diakité inadmissible for non-exhaustion of local remedies. Algiers, Algeria, 11th May 2000. 2