70. Such an opportunity will enable the respondent State to save its reputation, which
would be unavoidably smeared if it were brought before an international
jurisdiction. To the extent possible, an international tribunal, such as the
Commission, should be prevented from playing the role of a court of first instance.
Access to an international organ should be available, but only as a last resort; after
the domestic remedies have been exhausted and have failed.
71. In Interights, Institute for Human Rights and Development in Africa, and
Association mauritanienne des droits de l'Homme v Mauritania", the Commission
stated that local remedies are "the ordinanj remedies of common law that exist in
jurisdictions and normally accessible to people seeking justice". In Cudjoe v Chana", the
Commission stated that local remedies applied to "courts oj'a judicial nature".
72. In stating that the Commission shall consider a Communication after the applicant
has exhausted local remedies, "if any, unless iti:i,s obvious that-this procedure is
unduly prolonged", the African Charter recognis~s that, although the requirement
of exhaustion of local remedies is a conventional provision, it should not constitute
an unjustifiable impediment to access to international remedies. Ihe Commission
has also held that Article 56(5) "must be applied concomitantly with Article 7, which
establishes and protects the right to fair tJ;ial"lo.
73. In interpreting the rule, the Commissio;lgiyes the impression that it takes into
consideration the circumstances of each case, including the general context in which
the formal remedies operate and",the personal drfgmstances of the applicant. Its
interpretation of the local remedies criteri[ion] 2~ri'therefore not be understood
without some knowledge of that general context.
74. Therefore, the submissions by the Complainants in this case outlined in paragraphs
32 - 47 above, would be assessed considering the above-mentioned interpretations
of the .Commission. in respect of the provisions of Article 56(5) of the African
Chart~f:
"
75. The Commission notes that the Complainants have made written complaints to the
Office of the Inspectoi G~heral of the Police of the Respondent State, to investigate
the matter and produce- the perpetrators in Court. The Commission also note that
the Complainants seized the Minister of land and housing, the Undersecretary of
the Ministry of'[ustice, and the Head of Public Prosecution in the Central Equatorial
State each of which had authority, legal obligation and constitutional mandate to
stop the human rights violations.