Complainants letter dated 22 February 2021, and decided to grant the
Complainants an extension of one (1) month to submit on the Merits.
66. By letter dated 18 October 2021, the Secretariat acknowledged receipt of
the Complainants letter dated 8 August 2021, informing the Secretariat of
the new legal representative of the Victim (i.e. Rhys Davies & Ben Keith
International Human Rights Advisors, in United Kingdom) and
forwarding the Complainants submissions on the Merits of the
Communication.
67. By Note Verbale dated 18 October 2021, the · Secretari?tt forwarded the
submissions on the Merits to the Respondent State and requested its
observations on the Merits within two (2) months of the notification
thereof.
68. A decision on the Merits of the Commission was deferred from the 70 th to
78 th Ordinary Sessions of the Commission.
The Law on Admissibility
Complainants Submission on Admissibility
69. The Complainants submit that the Communication meets the Admissibility
requirements under Article 56 of the African Charter and focused its
submissions exclusively on the exhaustion of local remedies under Article
56(5) of the African Charter. Accordingly, the Complainants submit that in
the present Communication, domestic remedies were unavailable,
ineffective and insufficient; thus, the Victim was not bound to exhaust local
remedies before bringing the Communication to the Commission.
70. The Complainants aver that in Sir Dwada K. Jawara v The Gambia, the
Commission recognized that domestic remedies must be available,
effective and sufficient and further stated that: "a remedy is 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". 2
71 . The Complainants submit that in Purohit and Moore v. The Gambia, the
Commission held that a remedy which exists in theory but is only available
to those who can afford to access it will not be considered effective. 3 The
Complainants further submit that in Alhassan Abubakar vs. Ghana, Sir
2
.-,:;:w;
,:.·
fl
Communication 147/ 95 and 149/96 -Sir Dawda K. Jawara v The Gambia, paras 31, 32.
3 Communication 241/2001- Purohit and Moore v. The Gambia, paras 34 - 37.
~~"'~e,P.ET
0
v
-~
'•1
' ~> n
·-
\ ~~
0
ri
.
4
~