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59. The Commission thus holds that the Communication establishes a prima facie
violation of rights and freedoms in the Charter and thus complies with Article
56(2) of the Charter.
60. Article 56(3) provides that communications should not be written in disparaging or
insulting language directed against the State concerned and its institutions or to the
African Union. The Complainant claims that the Communication is not written in
disparaging or insulting language, which the Respondent State has not challenged.
So, the Commission holds that the Communication fulfils the requirement under
Article 56(3) of the Charter.
61. Article 56(4) provides that communications should not be based exclusively on
news disseminated through the mass media. The Complainant submits that the
Communication is based on courts and council records, not on news disseminated
by the mass media. The Respondent State does not deny the Complainant’s
assertion. Accordingly, the Commission is of the view that the Communication
complies with Article 56(4) of the Charter.
62. Article 56(5) of the Charter stipulates that communications should be ‘sent after
exhausting local remedies, if any, unless it is obvious that this procedure is unduly
prolonged’.
63. In human rights law it is important for a person whose rights have been violated to
make use of domestic remedies to right the wrong, rather than address the issue to
an international body.50
64. “The rule is founded on the premise that the full and effective implementation of
international obligations in the field of human rights is designed to enhance the
enjoyment of human rights and fundamental freedoms at the national level ”and
this is supplemented by the fact that “local remedies are normally quicker, cheaper,
and more effective than international ones”.51
65. The rationale behind the exhaustion of local remedies is that states should be given
the opportunity to address the issue before the matter is brought before
international treaty bodies. In the African human rights system, the Commission
has confirmed and reconfirmed this position in its decisions. In Free Legal
Assistance Group and Others v Zaire52 and Recontre Africaine pour la
50
Nsongurua J. Udombana So Far, So Fair: The Local Remedies Rule in the Jurisprudence of the
African
Commission on Human and Peoples’ Rights (2003) 97 The American Journal of International Law
(2003) 9.
51
n 4 above, 9.
52
Communication 25/89, 47/90, 56/91, 100/93 – Free Legal Assistance Group and Others v Zaire
(1995)
para 36