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 9

Sélectionner le paragraphe cible3