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12. On 27 February 1997, the Secretariat informed the Complainant that its complaint had been
recorded under number 162/97 and that it would be submitted to the Commission for a decision on its
admissibility at the 21st Ordinary Session scheduled for April 1997.
13. On the same day, a Note Verbale was addressed to the Defendant, informing it that the
communication had been recorded and requesting it to submit its views about its admissibility.
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14. On 19 March 1997, the Secretariat received a Note Verbale emanating from the Senegalese
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High Commission in The Gambia, acknowledging receipt of its note of 16 January 1997 and
informing it that the dossier had been referred to the competent Senegalese authorities.
15. At the 21st Session, the communication was submitted to the Commission which decided to
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postpone consideration of its admissibility until the 22 Session to be held in November 1997.
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16. On 13 June 1997, the Secretariat addressed a Note Verbale to the Ministry of Foreign Affairs of
Senegal, informing it of the Commission's decision and requesting it to send its government's
observations and arguments concerning this matter.
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17. On 24 July 1997, the Secretariat received a Note Verbale from the Ministry of Foreign Affairs of
Senegal containing the observations and arguments of its government on this matter.
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18. On 25 July 1997, the Secretariat wrote to the Complainant sending it a copy of the Defendant's
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reply and requesting its own response. This response was received by the Secretariat on 6 October
1997.
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19. At the 22 Session held from 2 -11 November 1997, the Commission reached a decision on
the question of admissibility.
Law
Admissibility
20. The Commission recalls that under the terms of the provisions of Article 56 par. 5,
communications shall be considered by the Commission if they "are sent after exhausting local
remedies, if any, unless it is obvious that this procedure is unduly prolonged".
21. In this case, it should be noted that the Complainant avoids saying that it has not used the
remedies supposed to be available to it under the legal system of the Defendant State. Further, it
simply presents facts which, prima facie, do not show that the Senegalese State may be responsible.
22. Further, the Complainant does not mention the provisions of the Charter which the Senegalese
State may have violated.
Holding
For the above reasons, the Commission declares the communication inadmissible.
Decision taken at the 22
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Session, Banjul (The Gambia), 11 November 1997.