d.
Are not based exclusively on news disseminated through the
mass media;
e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged;
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date the Commission is
seized with the matter, and
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, the Constitutive Act of the African Union or the
provisions of the Charter.
27. The Court notes that the Respondent State has raised an objection to
admissibility based on non-exhaustion of local remedies. The Court will first
consider
this
objection
(A)
before
examining
other
admissibility
requirements (B), if necessary.
A. Objection based on non-exhaustion of local remedies
28. The Respondent State raises an objection to the admissibility of the
Application for non-exhaustion of local remedies, on four grounds.
29. First, the Respondent State submits that the cassation appeal brought by
the Applicant is still pending. It points out that in its judicial system, this
remedy is effective and that the Applicant, who does not prove that it is
unduly prolonged, should have awaited its outcome before submitting the
present Application.
30. Next, the Respondent State asserts that since the passing of Constitutional
Law No. 072-2015/CNT of 5 November 2015 amending the Constitution,
any citizen may refer a matter to the Constitutional Court, either directly or
by way of a constitutional procedure, in a matter that concerns him. It
concludes that the Applicant could have brought the same violations before
the Constitutional Court as those alleged in the present Application.
7