64. Article 56(4) of the Charter
provides
that communications
should
not be
' ... based exclusively on news disseminated through the mass media.' The
Commission has ascertained that the Communication is not exclusively based
on news disseminated
through the mass media but on factual evidence
submitted by the Complainant through his personal experience, in accordance
with Article 56 (4) of the African Charter.
65. Article 56(5) of the Charter, stipulates that: "Communications
shall be considered
if they are sent after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged ... "
II
66. The Complainant submits that he has exhausted all local remedies, and that he
couldn't file for claims against the Respondent State for his unfair/wrongful
arrest and detention due to his indigent status, no income to afford a Lawyer
and therefore remedies are not available to him. The State on the other hand,
refutes the Complainant's arguments, arguing that (1) the Complainant should
have approached the NHRC for redress, and (2), the Complainant did not
engage any proceedings in relation to his claim in Mauritius even though he
had the opportunity to do so under the POP A.
67. Regarding the first contention by the Respondent State about taking the matter
to the NHRC, the Commission has repeatedly stated that Article 56(5) refers to
remedies that are of a judicial nature, thus a Complainant is not required to
pursue remedies that are non-judicial in nature."
68. Judicial remedies include remedies that a court of law may enforce and
therefore, utilising non-judicial remedies are not considered exhausting local
remedies. Specifically, in Alfred B Cudjoe v. Ghana/ while the Complainant
was granted a decision in his favour by the Ghanaian Human Rights
Commission, the Commission found that" the internal remedy to which Article
56(5) refers entails remedy sought from courts of ajudicial nature, which the Ghanaian
Human Rights Commission is clearly not," thus declaring the Communication
inadmissible.
on its previous jurisprudence,
including Digbeejaye Koonjul v
where the Respondent State made a similar argument, the
Commission holds that in exhausting ordinary domestic remedies there is no
duty on the Complainant to submit cases to national commissions such as a
National Human Rights Institution, even if they can grant remedies, as they are
non-judicial institutions, and Complainants
only have to exhaust judicial
69. Relying
Mauritius'?
8 See Communication
375/09- Priscilla Njeri Echaria (represented by Federation of Women Lawyers,
Kenya and International Center for the Protection of Human Rights) v. Kenya, paras. 53-55;
Communication 221/98-Alfred B. Cudjoe v. Ghana, paras. 12-14
9 Communication
221/98-Alfred B Cudjoe v. Ghana para 13
/~:;;:'~L-;;';-;;;'~:i.,
10 n 3 above-Communication
569/15-Digbeejaye KoonjuI v Mauritius, par '~'·s?,,:.r.~~;".C_\....
o
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'I ~.
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10