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Human Righb ou,
Human and Peoples· Rights
Collective Responsibility
Lohe Issa Konate v. Burkina Faso10 (application 004/2013, Judgment, 5 December
2014). paragraphs 64-73).
65. Thus, in view of the foregoing , the Commission can unequivocally state that it has not
identified any derogatory or insulting language in this complaint. It simply describes
objective facts and makes justifiable allegations, substantiated by the presentation of
more evidence.
News disseminated through the media (Article 56 (4))
66.Article 56 (4) requires that Communications "are not based exclusively on news
disseminated through the media".
67. The Commission notes that the facts presented are substantiated and corroborated
by sworn statements by witnesses and reports from international organizations,
including the United Nations . (Human Rights Council). For these reasons, the
Commission considers that the conditions of Article 56(4) have been met.
Depletion of local resources (Article 56(5))
68.Article 56(5) of the African Charter requires that Communications "be submitted after
the exhaustion of local remedies, if any, unless it is obvious that this procedure is
unduly prolonged".
69. The principle enshrined in the African Charter underlines the importance of the judicial
sovereignty of the Respondent State, as it gives priority and opportunity to the
Respondent State to deal with the matter and correct any alleged violation through
national courts. The international dispute settlement process is then the last resort for
any individual, when all administrative and judicial remedies at home have been
exhausted. That is, in the context in which the national judicial system is the main
means to request and obtain redress for human rights violations. It is also important
to give the State the opportunity to be informed of alleged rights violations and to take
appropriate corrective action on the basis of the determination of the applicable
domestic judicial procedures. This same principle has been established by the
Commission in the case of the World Organization Against Torture, the Lawyers'
10
Communication
Loh~
Issa
Konat~
v.
Burkina
Paso
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