45. The Respondent State contends that the Complainant “does not provide evidence
of having submitted an appeal against the disputed Judgement, whereas this
remedy remains open in conformity with Article 150, paragraph 3 of the
Transitional Constitution in the Democratic Republic of Congo.”
46. The Respondent State avers that it was possible for the Victims to file a petition for
annulment and to refer the disputed ruling to the Supreme Court of Justice. Since
they did not make use of this remedy, the Communication should be declared
inadmissible for non exhaustion of local remedies.
The African Commission’s Analysis on Admissibility
47. Article 56 of the African Charter stipulates seven conditions that generally must be
met for a Communication to be declared admissible by the African Commission.
48. The admissibility of Communications received in accordance with Article 55 of the
Charter is governed by Article 56 which states:
“Communications relating to Human and Peoples’ Rights referred to in Article 55
received by the Commission, should necessarily, to be considered, meet all the following
requirements:
1. Indicate the identity of their authors even if the latter requests the Commission
to preserve its anonymity;
2. Be compatible with the Charter of the Organisation of African Unity or with
the present Charter;
3. Not be written in disparaging or insulting language directed against the State
concerned, its institutions or the OAU;
4. Not be based exclusively on news disseminated through the mass media;
5. Be sent after exhausting local remedies, if any, unless it is obvious to the
Commission that this procedure is unduly prolonged;
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