68.
In light of the above observations and analysis, the Commission finds that
the conditions of Article 56 (5) have not been satisfied
69.
Article 56(6) of the African Charter, provides that Communications should
be 'submitted within a reasonable period from the time local remedies are exhausted
or from the date the Commission is seized with the matter'.
70.
As discussed in the paragraphs above, the Commission has determined that
the Complainant failed to exhaust local remedies. In circumstances where
local remedies have not been exhausted, Complainants may yet submit to
the Commission within a reasonable time from when they realized that
local remedies were unavailable or ineffective. In this particular instance
however, the Commission has also held that the Complainant has failed to
demonstrate the unavailability or ineffectiveness of local remedies. As was
the position of the Commission in Givemore Chari (represented by Gabriel
Shumba) v Zimbabwe21 and other decisions, where a Complainant has
failed to exhaust domestic remedies, it follows that the Communication will
also be considered as not having satisfied the conditions of Article 56 (6) for
having been submitted prematurely.
71.
With regards to Article 56 (7) of the African Charter, the Commission has
not come across any indication or evidence that the present Communication
has been settled before any other international forum. Accordingly, the
Commission finds that the requirement of Article 56 (7) of the African
Charter has been satisfied.
Decision of the Commission
on Admissibility
In view of the above, the African Commission
Rights:
72.
on Human and Peoples'
i.
Declares this Communication Inadmissible for failure to comply with
Article 56 (3), (5) and (6) of the African Charter;
ii.
Notifies its decision to the Parties in accordance with Rule 107 (3) of its
Rules of Procedure 2010.
Done Virtually, this 74th Ordinary Session held from 21 Februa
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