40. The Complainant further states that its Communication has not been subjected to
proceedings
before
another
international
organization.
Moreover
the
Complainant states that all local remedies have been exhausted and that the
Communication was presented to the African Commission within a reasonable
time period, from the time the local remedies were exhausted.
The Respondent State’s Submissions on Admissibility
41. The Respondent State submits that the Communication should be declared
inadmissible on the grounds that the condition of exhaustion of local remedies has
not been met and on submission of the Communication within a reasonable time
period from the exhaustion of local remedies.
42. To support these claims, the Respondent State argues that Article 15 of the
Congolese Constitution guarantees the right to fair trial and prohibits torture, and
that Article 180 of Book II of 30 January 1940 of the Criminal Code severely
sanctions the violations of the rights of individuals by public servants.
43. The Respondent State further submits that the Victims did not refer the case against
the perpetrators of the alleged acts of torture, to any national Court to obtain
redress or to seek the compensation for their movable and immovable property
allegedly seized in application of the contested Court decisions.
44. The Respondent State furthermore conveyed to the African Commission documents
intended to prove that the decisions of the Military Court of the DRC may be
appealed before the Supreme Court, which could constitute a local remedy that the
Victims did not exhaust.
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