111. The invocation of the exception to the rule requiring that remedies under domestic law should be exhausted provided for in Article 56(5) must invariably be linked to the determination of possible violations of certain rights enshrined in the African Charter, such as the right to a fair trial enshrined under Article 7 of the African Charter.19 The exception to the rule on the exhaustion of domestic remedies would therefore apply where the domestic situation of the State does not afford due process of law for the protection of the right or rights that have allegedly been violated. 112. In the present Communication, this seems to be the case. The victims cannot access the courts to claim protection of their rights, either because they have been displaced, or because they are being harassed, intimidated and persecuted, the prevalence of violence in the region makes any attempt at exhausting local remedies by the victims an affront to common sense, good conscience and justice. 113. Another rationale for the exhaustion requirement is that a government should have notice of a human rights violation in order to have the opportunity to remedy such violation, before being called to account by an international tribunal. The African Commission is of the view that the Respondent State has had ample time and notice of the alleged violation to at least create conducive environment for the enjoyment of the rights of the victims. If it is shown that the State has had ample notice and time within which to remedy the situation, as is the case with the present Communication, the State may be said to have been properly informed and expected to have taken appropriate steps to remedy the violations alleged. The fact that the State did not effectively deal with the alleged human rights violations means that domestic remedies were either not available, or if they were, not effective or sufficient to redress the violations alleged. 114. On the claim that the Communication has been settled by UN mechanisms, the African Commission wishes to state that a matter is settled within the context of Article 56 (7) of the African Charter if it has been dealt with by any of the human rights treaty bodies or the Charter bodies of the United Nations system. 115. The UN treaty bodies include bodies created under international human rights treaties. They presently include inter alia the Human Rights Committee (HRC), the Committee on Economic, Social and Cultural Rights (CESCR), the Committee on the Elimination of Racial 19 Inter-American Court of Human Rights, Case of Velásquez Rodríguez. Preliminary Exceptions, cit., para. 91. See in this connection also Judicial Guarantees during States of Emergency (Articles 27.2, 25 and 8 of the American Convention on Human Rights). Advisory Opinion OC–9/87 of October 6, 1987. Series A. Nº 9, para 24. 22