77. The Commission notes that neither the arguments nor the prayers made by the
Complainants are contrary to any of the principles contained in the African Charter
or the Constitutive Act of the African Union. Consequently, the Commission
considers that the requirement under Article 56(2) has been met.
78. With respect to Article 56(3) of the African Charter, which provides that
Communications shall be considered if they are not written in disparaging or
insulting language directed at the State concerned and its institutions, or to the
Organization of African Unity, the Commission has not observed any insulting or
disparaging language in the Communication, and accordingly finds that Article 56(3)
of the Charter has been complied with.
79. In relation to Article 56(4) of the African Charter, the Commission notes the
Complainants contention that the alleged violations, for which the Victim is seeking
remedies, are within her personal knowledge. Furthermore, various documents were
submitted in support of the Victim's allegations, such as: Annex AS2: a photocopy of
Immigration stamp on entry in Namibia; Annex AS4: Email from the Victim to the
Media in Namibia, 15 November 2017; Annex AS5:.Ph9tocopy of air ticket with the
Victim's name, from :Windhoek, Namibia to Nairobi, Kenya; among others.
80. Having reviewed the documents submitted in support of the Communication, the
Commission has not found evidence that the information submitted is based
exclusively on news disseminated through the media; consequently, the Commission
finds that the requirement of Article 56(4) has been fulfilled.
81. Article 56(5) of the African Charter requires that Communications be submitted after
exhausting local remedies, if any, unless it is obvious that this procedure is unduly
prolonged. In this regard, the Commission notes that it is a e
accepted
principle in international law that before an international bo _, 1 '-' ~
ed, the
applicant must exhaust all available legal domestic remedie .}
l", ~.,.,.,:.,.,.
:J
~
9
!l t
Vo
r.
<!!
~</~
~(J•(JA
.,
~ :q
,c:-..,., -..,,, e
Development of its Non-State Communication Procedures,' Volume 20 Human Rights Qu~~~~~
e
also, Communications 54/91: Malawi African Association v. Mauritania; 61/91: Amnesty International v. Mauritania;
98/93: Ms. Sarr Diop, Union Interafricaine des Droits de !'Homme and RADDHO v. Mauritania; 164/97, 196/97 Collectif des Veuves et Ayants-droit v. Mauritania; 210/98: Association Mauritanienne des Droits de !'Homme v.
Mauritania
16 Chidi Anselm Odinkalu and Camilla Christensen, 'The African Commission on Hun
15