A. Objection based on failure to exhaust local remedies
51. The Respondent State raises an objection based on non-exhaustion of local
remedies in relation to three issues: (i) the Applicant’s divorce; (ii) the
adultery case; and (iii) the Applicant’s complaint to the Prosecutor of the
Tunis Court of First Instance regarding the officials who signed the forensic
report.
i.
Exhaustion of local remedies in the divorce case
52. The Respondent State merely avers that the Applicant did not exhaust local
remedies in respect of the divorce case without substantiating the objection.
*
53. On her part, the Applicant simply submits copies of the judgments rendered
in the divorce case before the national courts, which includes orders on child
custody, alimony and residence.
***
54. The Court notes that Article 56(5) of the Charter and Rule 50(2)(e) of the
Rules stipulate that, applications which are filed before it, shall be filed, after
exhausting local remedies, if any, unless it is manifestly clear that the
proceedings thereof are unduly prolonged. The Court has consistently held
that this requirement seeks to afford the Respondent State the opportunity
to address the allegations within its domestic judicial system before
recourse to an international human rights court on the matter.13
55. The Court also recalls that the local remedies to be exhausted are those of
a judicial nature, which must be available, that is, they must be capable of
being pursued by the Applicant without hindrance. These remedies must
13 African Commission on Human and Peoples’ Rights v. Republic of Kenya (merits) (26 May 2017) 2
AfCLR 9, §§ 93 - 94.
17