The Commission's Analysis on Admissibility
99. Article 56 of the African Charter governs the Admissibility of
Communications and provides seven requirements based on which the
Commission assesses the Admissibility of Communications submitted
before it.
100. The Complainants in this Communication claim that all the requirements
of Admissibility under Article 56 of the African Charter have been met.
The Respondent State argues that the Complainants have not exhausted
local remedies as required by Article 56(5) of the,African Charter.
101. The Commission therefore notes that the sole contentious Article between
the Parties is with respect to the requirement under Article 56(5) of the
African Charter. After carefully examining the Communication and the
submissions of both Parties, the Commission notes that the authors have
indicated that the Communication is compatible with the provisions of the
Charter and the Constitutive Act of the AU as ·,it outlines a prima facie case
of the violations of Articles 1, 5, 6, and 7 of the African Charter; it is not
written in disparaging or insulting language; it is not exclusively based on
news disseminated through the mass media; it was submitted within a
reasonable time; and has not been settled through other international
procedures.
102. Further, since the RespondentState did not make any submissions to the
contrary, the Commission is convinced that the Communication meets six
of the Admissibility requireme.n ts under Article 56 of the African Charter
which has been ~dequately substantiated by the Complainants, raise no
contentious issues and require no further examination. To this end, the
analysis on Admissibility of this Communication will focus on the
requirements contained in Article 56(5) of the African Charter.
103.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'. The principle of exhaustion of local
remedies is a well-recognized principle of international law. The rationale
behind this principle is that States should be given the opportunity to
address the issue before the matter is brought before international treaty
bodies. Besides, the international adjudicatory bodies are not meant to
function as first instance jurisdictions, especially where effective and
available local remedies exist.
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