State for its observations. The Secretariat forwarded the Submissions by a Note Verbal of
the same date, to the Respondent State, and requested the latter to forward its observations
on the said Submissions within two (2) months of receipt of the Submissions, in accordance
with Rule 105(2) of the Rules of Procedure 2010.
19. By a Note Verbal dated 17th December 2015, received at the Secretariat on 1st March 2016,
the Respondent State acknowledged receipt of the Secretariat's Note Verbal and the
Submissions of the Complainant. The Secretariat acknowledged receipt of the Respondent
State's Note Verbal on 3rd March 2016.
20. The Secretariat did not receive any observation or any further correspondence
submissions from the Respondent State.
21.
on the said
During its subsequent Sessions held between March 2016 and October 2022, the
Commission considered the Communication and decided to defer it due to time
constraints. The parties were notified accordingly by correspondences following those,
Sessions.
The Law on Admissibility
Complainant's Submission
on Admissibility
22. The Complainant's arguments are mainly centered on Article 56(5) of the African
Charter, which he submits that the Complaint complies with, citing the Commission's
jurisprudence in Jawara v. The Gambia- where the Commission found that a remedy is
11
considered available if the petitioner can pursue it without impediment and that is found
sufficient if it is capable of redressing the complaint," and that" the existence of a remedy must
be sufficient and certain not only in theon) but also in practice failing which it will lack the
requisite accessibiliiq and effectiveness".
23. The Complainant does not make submissions on the Communication's
Articles 56(1) (2) (3) (4) and (6) of the African Charter.
compliance with
24. Regarding Articles 56(5) of the African Charter, the Complainant avers that the
Complaint complies with the requirement of this Article. In this regard, he claims that
local judicial remedies are either unavailable, insufficient or not effective at all and
cannot therefore be accessed freely without coming into contact with artificial
impediments, hindrances and hurdles placed on the Complainant by the agents of the
Respondent State, deliberately as impeding tools and roadblocks to him and his
clientele.
2 Communication
147/95-149/96 - Sir Dawda K. Jawara v Gambia (2000) ACHPR, para 32.
74th Ordinary Session of the ACHPR