23. For his part, the Applicant contends that the objection should be dismissed.
He points out that the rule of exhaustion of local remedies, which is not
absolute, must be interpreted with flexibility.
24. The Applicant also contends that he was not assisted by Counsel and was
unaware of the existence of the cassation appeal. He adds that, in any
event, a cassation appeal “would not be successful in the current legal and
judicial system of the State in question”.
***
25. The Court notes that, under Article 56(5) of the Charter, as restated in Rule
50(2) of the Rules of Court, applications brought before it must be filed after
exhaustion of local remedies, if any, unless it is clear that the procedure for
such remedies is unduly prolonged.
26. The Court emphasises that the remedies to be exhausted are judicial
remedies, which must be available, that is, they must be unimpeded. They
must also be effective and satisfactory in the sense that they must be
capable of remedying the situation in question.4 In line with the Court’s
established jurisprudence, the only exception to this rule is when such
remedies fail to meet these requirements or are unduly prolonged.5
27. Moreover, the Court has consistently held that it examines the exhaustion
of local remedies in light of the circumstances of each case and taking into
account the remedies available in the judicial system of the Respondent
State.6
4
Lohé Issa Konaté v. Burkina Faso (merits) (December 5, 2014) 1 AfCLR 324, §108; Sébastien Germain
Marie Aïkoué Ajavon v. Republic of Benin (jurisdiction and admissibility), (December 2, 2021) 5 AfCLR
93, § 73.
5 Kijiji Isiaga v. United Republic of Tanzania (merits) (March 21, 2018), 2 AfCLR 226, § 44; African
Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (May 26, 2017) 2 AfCLR 9,
§§ 93 to 94.
6 Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin (merits) (March 29, 2019) 3 AfCLR, 136
§ 110.
8