the Respondent State, through the practice of its State organs since 1998, by the repeated commission of human rights violations, the impunity of its agents who are perpetrators of the said violations, and the official tolerance of other perpetrators of violations who it knows and who are on its territory but who it refuses to try or extradite despite the requests it has received to this effect. 325. The Applicant State submits that the Court may be guided by the jurisprudence of the ECHR, in particular, in the matter of Akdivar and others v. Turkey which held that the rule of exhaustion of local remedies does not apply “where an administrative practice consisting of a repetition of acts incompatible with the Convention and official tolerance by the State authorities has been shown to exist, and is of such a nature as to make proceedings futile or ineffective”. 326. Furthermore, the Applicant State argues that the Respondent State deliberately confuses the local remedies provided for under Article 50 of the Charter with the so-called international and regional remedies. It refutes the argument that the existence of regional and international remedies is due to the fact that Article 50 does not specify the nature of the remedies to be exercised and that “an examination of the context of Article 50 of the Charter corroborates this conclusion, since any inter-State procedure requires prior dialogue between the States concerned (Article 47 of the African Charter) and must allow time for reflection to enable them to reach a mutually satisfactory solution (Article 48 of the Charter)”. 327. According to the Applicant State, in this respect, the Respondent State specifies that Articles 47, 48 and 49 of the Charter, only refer to the negotiation capacity of the parties, which was broadly confirmed by the African Commission in Communication 227/99 - Democratic Republic of Congo v. Burundi, Rwanda and Uganda. 328. The Applicant State submits that, in the instant case, there is no remedy to be exhausted, which makes the Application admissible. 73

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