301. According to the Applicant State, the assessment of the efficiency of a
remedy is not systematic, and neither is it done in absolute terms. In this
regard, it referenced the Court’s judgment in the matter of Sébastien
Germain Marie Aïkoué Ajavon v. Republic of Benin.
*
302. In its Response, the Respondent State reiterates its position on the need to
exhaust local remedies, even in inter-State cases, as is clear from the
ECHR’s established case law, notably in the matter of Ukraine and
Netherlands v. Russia judgments. It contends that if the invocation of
diplomatic protection is relevant before the ECHR, it is equally relevant
before this Court.
303. In this respect, the Respondent State submits that this Application has been
filed under Article 5(1)(d) of the Protocol, taken up in substance by Rule
39(1) of the Rules, under which the State party whose national is the victim
of a human rights violation may bring the case before the Court. It therefore
considers that the Applicant State cannot deny that the present action is
equivalent to traditional requests for diplomatic protection.
304. The Respondent State contends that the argument that diplomatic
protection only applies to complaints relating to violations committed abroad
has not been substantiated and is therefore inapplicable.
305. At the hearing, the Respondent State reiterated the content of its
submissions. It added that the fact that the question of exhaustion of local
remedies was presented from the point of view of diplomatic protection is
irrelevant. In its view, the essential point is that local remedies were not
exhausted in the present case. It is the case, however, that this principle of
customary international law applies in inter-state cases.
306. The Respondent State further submitted that this requirement does not
depend on the subjective opinion of the Applicant State as to availability,
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