and also which could not, with reasonable diligence, have been discovered by the party before the judgment was made or on account of some mistake, fraud or error on the face of the record or because an injustice has been done.4 18. From the Complainant’s Submissions, the request for review of the Commission’s decision is solely based on the Commission’s subsequent decision in Gumne Communication, by which the Complainant contends that the Commission accepted the submission that the judiciary in the Respondent State is not independent. The question to be asked and answered on the basis of the Rules of Procedure and the Commission’s established jurisprudence is whether the reason advanced, amounts to new or compelling element to warrant a review. 19. Paragraph 211 of the Gumne Communication was adopted by the Commission, taking into account the arguments brought forth by the parties regarding the alleged violation of Article 26 of the African Charter, which was at the Merits stage of the Communication. That decision cannot be taken to mean that all Complainants bringing Complaints against the Republic of Cameroon should be exempted from complying with Article 56(5) of the African Charter, rather each Communication is considered on its own merits. 20. As established in Commission’s jurisprudence, domestic remedies required to be exhausted in terms of Article 56 (5) of the African Charter must be available, effective and sufficient. If the domestic remedies do not meet these criteria, the Complainant may not have to exhaust them. However, in order to trigger the exception to the requirement to exhaust local remedies, the Complainant needs to be able to show that the remedies do not fulfil these criteria in practice. It must not merely be in the opinion of the victim or that of his or her legal representative.5 21. The Commission recalls that in Communication 260/02, it was satisfied that the reliefs sought could be obtained in domestic courts and the Complainant had Communication 384/09 - Kevin Ngwang Gumne v. Cameroon (2012) ACHPR, para 37 284/03 Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe/Republic of Zimbabwe (2009) ACHPR para 101 4 5 5