the domestic authorities to develop a sufficient protection of human rights in their territories. If a victim
of a human rights violation wants to bring an individual case before an international body, he or she
must first have tried to obtain a remedy from the national authorities. It must be shown that the State
was given an opportunity to remedy the case itself before resorting to an international body. This
reflects the fact that States are not considered to have violated their human rights obligations if they
provide genuine and effective remedies for the victims of human rights violations.
45. The international bodies do recognise however, that in many countries, remedies may be nonexistent or illusory. They have therefore developed rules about the characteristics which remedies
should have, the way in which the remedies have to be exhausted and special circumstances where it
might not be necessary to exhaust them. The African Commission has held that the local remedies to
be exhausted must be available, effective and sufficient. If the existing domestic remedies do not fulfil
these criteria, a victim may not have to exhaust them before complaining to an international body.
However, the Complainant needs to be able to show that the remedies do not fulfil these criteria in
practice, not merely in the opinion of the victim or that of his or her legal representative.
46. lf a Complainant wishes to argue that a particular remedy did not have to be exhausted because
it is unavailable, ineffective or insufficient, the procedure is as follows:
1. the Complainant states that the remedy did not have to be exhausted because it is ineffective
(or unavailable or insufficient) - this does not yet have to be proven;
2. the Respondent State must then show that the remedy is available, effective and sufficient; and
3. if the Respondent State is able to establish this, then the complainant must either demonstrate
that he or she did exhaust the remedy, or that it could not have been effective in the specific
case, even if it may be effective in general.
47. ln the present communication, the Complainant has failed to demonstrate that he attempted local
remedies or that he was prevented from doing so by the Respondent State or that the local remedies
are not available or are ineffective or have been unduly prolonged. The exceptions under Article
56.5 can therefore not apply to this communication.
For the above reasons, the African Commission declared the communication inadmissible.
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Adopted by the African Commission at its 37 Ordinary Session held in Banjul, The Gambia, from
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27 April to 11 May 2005.