;, (• ~ ACH PR ~ Af . C ;c_HP: · ,_ /4 01.unl • . . ncan omrrnss1on on Human and Peoples' Ri~Jhts Human Rig hts our Collective Responsibi lity due to the Respondent State not providing him with Counselling services and claims $300 000.00 as compensation. 58. The Commission notes that while connected , these are two remarkably different cases. The question of whether or not the Respondent State violated the Complainant's right to attain the best physical and mental healthcare for want of undelivered counselling services, as well as the monetary claim is a matter that has not been litigated before the Courts of the Respondent State. The Commission notes and recalls its jurisprudence in Human Rights Council and Others v Ethiopia 34 that for domestic remedies to be exhausted, the domestic remedy must address all aspects of the individual's claim before the Commission. Therefore, issues pleaded before the Commission must be the same issues pleaded before the Commission. The Commission therefore takes the view that the present case, the alleged violation of the right to health for failure to provide counselling services to the Complainant has not been considered by the Courts of the Respondent State and accordingly has not exhausted any local remedies. 59 . The Complainant has also not contested the availability, effectiveness, and adequacy of the domestic remedies of the Respondent State. Furthermore, there has been no evidence of undue prolongation of domestic remedies , in fact the Commission notes the brevity of the processing times for both cases litigated by the Complainant in the High Court and Constitutional Court of the Respondent State. It was therefore incumbent on the Complainant to exhaust local remedies. 60. The Commission takes the opinion that the Complainants have not exhausted local remedies as the present Complaint has been presented to the Commission as a court of first instance. Article 56(6) of the Charter 61.Article 56(6) of the Charter states that Communications relating to human and Peoples' Rights ... shall be considered if they: are submitted within a reasonable period from the time local remedies are exhausted , or from the date the Commission is seized with the matter. " The Commission notes that where a Communication ha . not ,! exhausted local remedies it follows that Article 56(6) is automatically not satisfied. In any event the Commission notes that the Complaint contrary to the averments of the Complainant was filed via email by his counsel on the 16th of February 2022 which was 14 months following the handing down of the Constitutional ~ mi:~ :litlCLQment on O~ HUMA the 28th of December 2020. The Complainant has not prov· ~yr~~~fl€ :on for ~ ~ ~ \ this significantly lengthy delay, rather the Complainant ha ~~ ou bol--"lr.,,:,,..,...,·sre •,sent /l I ( I~ l )! <;( , u 34 Commun ication 445/13 , 19 May 20 16, para 56-58 10 I Page ~J)"' ......., () · "~ 9'i,, • ~ \ · \1J~ Q - I "'cij, ~ ~, ~ en/ <S / u';o,.., , ___ 'vx.~ ~ "l•·RICA~~\:. ,._,«:, <· The African Commission o ~ 31 Bijilo Annex L: n and P~ Rights EiJ<: orth District, West Coast Region Gambia Phone : (220} 230 4361 Fax : (220) 441 05 04 S::m~il · ~11-h~nil 1lfm~frir.~-1 ininn nrn