f)
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date set by the Court as
being the commencement of the time limit within which it shall be
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, or the Constitutive Act of African Union or the
provisions of the Charter.
30. The Court notes that the Respondent State raises an objection to the
admissibility of the Application based on non-exhaustion of local remedies,
on which the Court will rule before examining other admissibility
requirements, if necessary.
A. Objection based on non-exhaustion of local remedies
31. The Respondent State contends that an individual may bring a dispute
against their State before an international court only after having submitted
the same to the judicial authorities of that State with a view to giving them
the opportunity to redress the effects of the disputed decision or act of the
State.
32. It submits that local judicial remedies are available to anyone who feels
aggrieved to seek redress for any violations of their fundamental rights. To
this end, it cites Article 827 of Law No. 2008-07 of 28 February 2011 on the
Civil, Commercial, Social, Administrative and Accounting Procedure Code
(hereinafter “the Civil Procedure Code”). In the same vein, the Respondent
State asserts that the Applicant did not lodge a complaint with any authority
and did not exercise any contentious remedy in accordance with the abovementioned article.
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