account of the alleged threats against his life and the general atmosphere of fear, the Commission notes
further that the Victim, alongside several other individuals did indeed institute proceedings, without any
impediment, before the Constitutional Court during that same period in respect of the disqualification of
their parties from running for the presidential elections. It is therefore contradictory for the Complainants to
assert that local remedies were ineffective in the circumstances. That the decision of the Constitutional
Court was not in the Victim's favour cannot be invoked to justify the assertion that local remedies were
ineffective.
59. The Commission has maintained that merely casting aspersions on the effectiveness of local remedies
is not enough to absolve the Complainant of the duty to exhaust local remedies. Complainants must
provide concrete evidence and sufficiently demonstrate that their apprehensions are well founded.5 .
Without such concrete proof and sufficient substantiation in the present case, the Commission considers
that the assertion that local remedies were ineffective and insufficient cannot be sustained. The
Commission therefore finds that the Complainant has failed to comply with the provisions of Article 56 (5).
60. Regarding exhaustion of local remedies in respect of the failure of the authorities to investigate
allegations of corruption against the President of Angola, the Commission considers that the subject matter
does not fall within the purview of its mandate as it does not relate to the violation of a right provided for in
the Charter. The Commission will accordingly not address the issue.
Holding
61. In view of the above, the Commission decides:
1. To declare the Communication inadmissible;
2. To notify its decision to the parties in accordance with Rule 107(3) of its Rules of Procedure.
3. To set aside the order of provisional measures granted on
Done in Nairobi, Kenya, at the 13th Extraordinary Session
1 Ratified the African Charter on Human and Peoples' Rights on 2 March 1990
2 Art 109(1) of the 2010 Constitution of Angola
3 Communication 25/89, 47/90, 56/91, 100/93 - Free Legal Assistance Group and Others v Zaire (1995)
paragraph 36
4 Communication 71/92 - Rencontre Africaine pour la Defense des Droits de l'Homme v Zambia (1997)
paragraph 10
5 See the Commission's decision in Communication 299/05 - Anuak Justice Council v Ethiopia (2006)
ACHPR para 58
7