53.
Article 56(4) of the African Charter states that 'Communications relating to
human and peoples' rights ... shall be considered if they are not based exclusively
on news disseminated through the mass media'. Based on the evidence
submitted in these Communications, which are mainly Court documents
and Judicial records, the Commission
finds that the present
Communications are not based exclusively on news disseminated through
the mass media and thus complies with Article 56(4) of the African Charter.
54.
Article 56(5) of the African Charter, stipulates that 'Communications should
be 'sent after exhausting local remedies, if any, unless it is obvious that this
procedure is unduly prolonged. This condition ensures that States have the first
opportunity to remedy any human rights violations and further ensures
that the Commission does not serve as a court of first instance or as a means
of circumventing local institutions, which are not only duty bound but are
also better placed to remedy human rights violations. The Commission
recalls in Association Mauritanienne des droits de l'Homme v Mauritania
12that local remedies are the ordinary remedies of common law that exist in
jurisdictions and normally accessible to people seeking justice". In Cudjoe v
Ghana'), the Commission stated that local remedies applied to "courts of a
1/
judicial nature".
55.
As correctly indicated by the Complainant, in [auiara v Gambia, the
Commission recognized a certain level of flexibility to the application of the
rule, and held that Complainants are expected to exhaust local remedies
only in so far as these remedies are available, effective and sufficient. The
Commission further expounded on this by stating that "a remedy is
considered available if the petitioner can pursue it without impediment, it
is deemed effective if it offers a prospect of success, and it is found sufficient
if it is capable of redressing the complaint'<s.
56.
The Commission notes the two reasons argued by the Complainant as to
why he believes domestic remedies are unavailable and ineffective. The first
he mentioned is the widespread corruption in the judiciary and its lack of
independence. The Complainant submits that the judiciary is being used as
a tool by the Respondent State to discriminate against him, and that the
decision of the Vetting Board confirms these allegations. The Complainant
claims that this has led to "mistrust and lack of professional respect"
between the judiciary and himself. The second he mentio
"4
ision
by the Supreme Court (petition No.13A, 14, 15 (2013» w .. "b~\l1~liey~
confirmed the finality of the Vetting Board's conclusio ,§:0-0
ls
(®'
, ~ n
~ ,.,
-
~\
Ul711
.
0
~I'I
r
::, "-
I
242/01 - Interights, Institute for Human Rights and De -lopment in Africa and
Association mauritanienne des droits de l'Homme v Mauritania (2004) ACHP~ ara 27.
13 Communication
221/98 - Alfred B. Cudjoe v Ghana (1999) ACHPR, para 14
.~j/'
14 Ibid 2
~
12 Communication
12