therefore holds that Article 56(5) of the African Charter is satisfied by the
Communication.
44. With regard to Article 56(6) of the African Charter, the Complainant submits that
a determination of reasonable time begins from the date of exhaustion of local
remedies. The Complainant argues further that the requirement has been satisfied
in the present Communication since there are no domestic remedies to exhaust
and the Communication was filed immediately after it became obvious that there
would be no facilities for the Victims to vote in referendum. The Commission
recalls that Article 56(6) provides that the Commission shall consider
Communications which 'are submitted within a reasonable period from the time
domestic remedies are exhausted or from the date the Commission is seized of the
matter'.
45. As the Commission has previously noted, generally, the requirement of timeliness
in Article 56(6) of the African Charter is dependent on the exhaustion of domestic
remedies envisaged in Article 56(5) of the African Charter.13 Where domestic
remedies are unavailable such that the Complainant is unable to exhaust those
remedies, Article 56(6) of the African Charter is satisfied so long as the
Complainant acts without delay. The Commission is satisfied that the
Communication has been submitted within a reasonable time. The Commission
therefore finds that Article 56(6) of the African Charter is satisfied.
46. In relation to Article 56(7) of the African Charter, the Complainant has stated that
the present claim has not been brought before or settled by any other
international investigation or dispute settlement mechanism. Article 56(7) of the
African Charter provides that the Commission will consider Communications
that ‘do not deal with cases which have been settled by those States involved in
accordance with the principles of the African Charter of the United Nations or the
African Charter of the Organisation of African Unity or the provisions of the
present African Charter’. The Commission also notes that the issues and claims in
this Communication have not been brought before any other international forum.
Accordingly, the Commission finds that Article 56(7) of the African Charter has
been satisfied.
Decision of the Commission on Admissibility
47. In view of the above, the African Commission on Human and Peoples’ Rights
declares this Communication Admissible in accordance with Article 56 of the
African Charter.
13
Communication 322/2006 - Tsikata v Ghana (2006) ACHPR, para 37
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