84. Articled 56(3) of the African Charter states that “Communications …received by the Commission shall be considered if they are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organisation of African Unity (AU)”. The present Communication is not written in a disparaging or insulting language directed to the Respondent State, its institutions or the AU and for these reasons the African Commission holds that the requirements of Article 56(3) have been complied with. 85. Article 56(4) of the African Charter states that “Communications relating to human and Peoples’ Rights… shall be considered if they are not based exclusively on news disseminated through the mass media”. There is no evidence in this Communication indicating that the allegations contained therein are based exclusively on news or news disseminated through the mass media. The Complainants submit that the Communication is based on eyewitness evidence, as well as documented reports, which they have submitted along with the Communication as attachments. The Respondent State have not challenged this assertion. For these reasons, the African Commission holds that the requirements of Article 56(4) have been fulfilled. 86. Article 56(5) of the African Charter states that “Communications relating to human and Peoples’ Rights… shall be considered if they are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged”. 87. The rationale of the local remedies rule both in the Charter and other international instruments is to ensure that before proceedings are brought before an international body, the Respondent State concerned must have had the opportunity to remedy the matters through its own local system. This prevents the Commission from acting as a court of first instance rather than a 20

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