merits. Generally, this Commission requires Complainants to set out in their submissions the steps taken to
exhaust domestic remedies. They must provide some prima facie evidence of an attempt to exhaust local
remedies. This position is supported by other human rights bodies around the globe. The UN Human
Rights Committee, for example, has stated that the mere fact that a domestic remedy is inconvenient or
unattractive, or does not produce a result favourable to the petitioner does not, in itself, demonstrate the
lack or exhaustion of all effective remedies.13 In the Committee's decision in A v Australia,14 it was held that
"mere doubts about the effectiveness of local remedies or prospect of financial costs involved did not
absolve the author from pursuing such remedies."15
85. The European Court of Human Rights on its part has held that even if the applicants have reason to
believe that available domestic remedies and possible appeals will be ineffective, they should seek those
remedies since "it is generally incumbent on an aggrieved individual to allow the domestic courts the
opportunity to develop existing rights by way of interpretation."16 In Article 19 v Eritrea, 17 the Commission
held that "it is incumbent on the Complainant to take all necessary steps to exhaust, or at least attempt the
exhaustion of local remedies. It is not enough for the Complainant to cast aspersion on the ability of the
domestic remedies of the State due to isolated incidences".
86. From the above analysis, this Commission is of the view that the Complainant ignored to utilise the
domestic remedies available to him in the Respondent State, which had he attempted, might have yielded
some satisfactory resolution of the complaint.
87. The third issue of contention between the Complainant and the Respondent State is the requirement
under Article 56(6) of the Charter which provides that "communications received by the Commission will be
considered if they are submitted within a reasonable period from the time local remedies are exhausted, or
from the date the Commission is seized with the matter..."
88. The present communication was received at the Secretariat of the Commission on 26th September
2005. It was considered on seizure by the Commission in November 2005, that is, ten months after the
Complainant allegedly fled from the country. The Complainant left the country on 12th January 2005.
89. The Commission notes that the Complainant is not residing in the Respondent State and needed time
to settle in the new destination, before bringing his complaint to the Commission. Even if the Commission
were to adopt the practice of other regional bodies to consider six months as the reasonable period to
submit complaints, given the circumstance in which the Complainant finds himself, that is, in another
country, it would be prudent, for the sake of fairness and justice, to consider a ten months period as
reasonable. The Commission thus does not consider the communication to have been submitted contrary
to Article 56(6) of the Charter.
Holding
90. Lastly, Article 56(7) provides that the communication must not deal with cases which have been settled
by the states, in accordance with the principles of the United Nations, or the Charter of the OAU or the
African Charter. In the present case, this case has not been settled by any of these international bodies and
as a result of this, the requirement of Article 56(7) has been fulfilled by the Complainant. The African
Commission finds that the Complainant in this communication, that is, Communication 307/05 Obert
Chinhamo/Republic of Zimbabwe, has not fulfilled the requirement under Article 56(5) of the African
Charter, and therefore declares the communication inadmissible.
Done in Brazzaville, Republic of Congo, at its 42nd Ordinary Session held from 14-28 November,
2007.
* Editor's note : Until today's date 10/04/2012, the Commisssion has not yet issued a decision on this
communication.
1 Zimbabwe ratified the African Charter on 30th May 1986.
2 Rencontre africaine pour la défense des droits de l'Homme v Zambia.
3 Sir Dawda Kairaba Jawara v The Gambia.
4 Communication 215/1998.
5 See communications 25/8[9, 47/90, 56/91, 100/93], 74/92 and 83/92.
6 Communication [147/95,] 149/96
7 Communication 103/1993
8 Communications 215/1998.
9 Communication 288/2004.
11