(':CHi): ACH PR
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African Commission on
Human and Peoples' Rigilts
Human Rights our
Collective Responsibility
1. The Commission
notes that the Complainant's allegations are not based exclusively on information
provided by the mass media. It notes that the facts recounted in the Complaint are contained in various
reports issued by non-governmental organizations and the United Nations and the annexes to the
Communication include, in addition to the Complainant's statement, the official judgment of the OMT
of North Kivu, the copy of the letter addressed to the Governor of North Kivu as well as the notification
order issued by the Registrar of the OMT. The Commission acknowledges compliance with Article 56(4)
of the African Charter.
2. On the requirement of exhaustion of local remedies established by Article 56(5), the Commission, in its
jurisprudence, has established that a remedy is considered 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. The Commission has also established in its jurisprudence that
the remedies required to be exhausted before a communication procedure is initiated before the
Commission are those ordinary remedies available in the courts and accessible to the individual+ In this
case, the Commission agrees with the Complainant that the only action the latter could take would be
to ensure that the judgment was notified to the State. The Complaint concerns the execution of a
judgment handed down on 5 November 2008 in which Sergeant Chance and the State, in solidum, were
ordered to pay damages. The Commission notes that there is no other judicial remedy available in this
case, as recognized in the Commission's jurisprudence, and that the means of enforcement to compel the
State to pay damages are administrative in nature and their implementation is discretionary.
3. On the reasonable
time requirement under Article 56(6), the Commission is not convinced by the
Complainant's argument that she tried to communicate with the Registrar of the Tribunal on several
occasions regarding the judgment of 17 November 2008but without success. However, the Commission
notes that the judgment was notified to the executive by the Registrar of the North Kivu OMT only on
17 October 2013. In its jurisprudence, the Commission has accepted in subsequent precedents that the
determination of the "reasonable time" to file a Communication must be done on a case-by-case basis,
depending on the circumstances of each case>. In this case in point, it is reasonable for the Complainant
to bring the matter before the Commission only after it has become aware of the State's unwillingness to
remedy the damage in accordance with the judgment of which it is duly notified. In the present case, the
Commission concludes that the reasonable period of time can be considered to begin to run only after
28 July 2014,the date on which the Complainant referred the matter to the Office of the Governor of the
Communication 242/01 - lnterights, the Institute for Human Rights and Development in Africa, and j'Association
mauritanienne des droits de I'Homme v. Mauritania.
- Communication 147/95-149/96 Sir Dawda K. [awara v. The Gambia
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An Organ of Ihe
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