b. Where the treaty establishing a tribunal excludes the application of the rule
either exprecisly on by necessary implication.
Indeed,
the rule
of local
remedies
should not
constitute
an unjustified
impediment to access to the international remedies. The drafters of the
Supplementary Protocol 2005
this Court
provides
which created the human rights jurisdiction of
the conditions
to be satisfied by
Applicant
before
accessing this Court, namely
a,
ii.
The application must not be anonymous
The application must not be brought when same is already pending
before another international Court.
There is no requirement of the exhaustion of local remedies before accessing this
Court. The Defendant argued that the Applicants failed to exhaust local remedies as
a condition precedent for approaching this court and therefore in flagrant vivlation
to articles 26, 50 and 56(5) of the African Charter on Human and Peoples Rights.
We need to start by making it clear that the provisions relied upon by the Defendant
is a procedural rule applicable by the African Court and this Court is not bound by
the procedural provisions of the African Court.
27