6. On 13 November 2000, the Victim sent an appeal to the President of the Sudan requesting that steps be taken concerning his Complaint which went unheeded. The appeal requested for: Truth, apology, and mutual reconciliation; prosecution before national courts; and resort to international human rights courts. He also requested his lawyer in Khartoum to file a petition to the courts on his behalf. However, on 28 January 2001, he received advice from his lawyer to the effect that such measures were untimely. Following the political relaxation associated with peace negotiations to end Sudan's civil war, the Victim returned to Khartoum in August 2002. 7. Due to lack of response to the Victim's repeated Complaints, and following the peace negotiations to end the civil war as well as the reestablishment of the Constitutional Court in 2005, the Victim's lawyer made a direct appeal to the Constitutional Court in 2006. The appeal challenged the legality of the immunity of members of the NISS and the statutes of limitation by which cases are dropped, hindering investigations and prosecutions in the Victim's case. This is to the effect that NISS members enjoy immunity on account of their official position. Under Sudanese law, a criminal offence committed by an official can only be investigated and prosecuted if the head of the relevant authority grants approval and lifts immunity,7 which has not happened in the present case; 8. As part of the process of filing a constitutional petition in 2006, the Victim's lawyer wrote to the Minister of Justice, requesting him to undertake a criminal investigation and provide compensation. 9. The Constitutional Court dismissed the Victim's case on 6 November 2008, holding that the provisions in the Sudanese law pertaining to statutory limitations and to immunities were not unconstitutional. This final decision was communicated to the Victim on 8 January 2009. 23. From the above, the Complainant states that the remedies were ineffective and there were no other remedies available to the Victim which could compel a full investigation of his case without the approval of the police and/or to seek other forms of reparation. The Respondent State's submissions on Admissibility 24. The Respondent State submits that the Communication should be declared inadmissible because it does not meet the requirements stipulated in Article 56(4), 56(5) and 56(6) of the African Charter. 25. With respect to Article 56(4), the Respondent State submits that the Communication is based on information from the media. 26. Regarding Article 56(5), the Respondent State submits that all local remedies have not been exhausted in light of the fact that amongst all the remedies provided by the Complainant, there is no mention of any legal action that the Victim or his lawyer took to bring the perpetrators of the allegations to justice. 27. The Respondent State further submits that the action through the Constitutional Court centered on challenging the constitutionality of the articles on immunity in the National Security Act and those relating to the statute of limitation, even though remedies and justice are enshrined in the Sudanese legal system and are effective when it comes to accountability and redress. The Respondent State specifically underlines the following: 1. Article 34(1) of the 1991 CPA stipulates that - A complaint could be lodged by the person against whom a crime was committed or within the scope of his responsibility or whoever represents him. In this regard, the Victim or his legal representative has the right to resort to the Prosecution for taking action against those who violated his rights. 2. The National Security Act of 2010 permits a person arrested or detained to be treated in a manner that ensures respect for his human dignity and requires that such a person should not be subjected to any physical or mental harm. 3. Article 51(8) of the National Security Act of 2010 provides that - The Prosecution is responsible for monitoring the prison guards constantly to ensure that rules governing detention and receiving 3