ACHPR African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility 43. Article 56(5) of the African Charter requires that Communications be submitted after exhausting local remedies if any unless it is obvious that this procedure is unduly prolonged. In this regard, the Commission has expounded extensively on the exhaustion of domestic remedies rule, most prominently in the case of Jawara v Gambia, where the Commission held that domestic remedies must be available, effective and sufficient, establishing further that a domestic remedy is considered available if the Complainant can pursue it without impediment, effective if it offers a prospect of success, and sufficient if it is capable of redressing the complaint.P 44. In the present case, the Complainants have acknowledged that they have not exhausted or even attempted to exhaust local remedies ~but plead the African Commission waive such requirement based on, the doctrine of constructive exhaustion of local remedies. Mostly, the Complainants have submitted that due to the widespread and systematic violations of human r;!g~ts wlli2hoccur with impunity in Eritrea, firstly, local remedies do not or cannot be said to exist and secondly, even if they exist, their exhaustion would be impractical and undesirable. 45. As earlier indicated, the Respondent State 'does not contest these submissions by the Complainants. Nevertheless),'the Complainants, by invoking the exceptions to the exhaustion rule, must initially present a prima facie case that they have constructively exhausted domestic remedies in order to shift the onus onto the Respondent State. 46< As regards their first submission, the Commission is of the view that the Complainants fail to show how the alleged widespread and systematic violations in Eritrea affect#1e existence of domestic remedies. Considering that the existence or otherwise of domestic remedies is a legal and material fact that is readily observable, a general claim on this matter without substantiation cannot suffice. Notwithstanding the Complainants' doubts as to the functioning of the Eritrean Constitution, it provides for a tiered ordinary judicial system, consisting of the Supreme Court and Lower Courts, all of which, to the best of this Commission's knowledge, were operational at the time of the alleged incommunicado detention of the Victim. Indeed, by acknowledging that there was an option to file for a writ of habeas corpus in the High Court of Asmara, the Complainants effectively concede that domestic remedies exist in Eritrea. The Commission does not vyfftU:reJ1f6ICiaim ~-J-i-~(j~(it 13 Communication 147/95 and 149/96, (2000) ACHPR, para 31, I , " ''I "--- Phone: (220'Y-23a:."J;9, ~ ~:;C> . j \\ The African Commission p~ man a~.g",op 31 Bijilo Annex Layout, Kombo No :,. - trich'l/est Email: au- <O~~ (EJ: ~~~" 1 \)) "-i\ .' ,'In OJ,jan of the AfriC.anf;\~~',;, B: lrl Union ~,...,;? Rll\r _ . q.... ..:."!£\(~P,\~:; 0 .j? ~~i9 en ts ~s!Y' i,on 4~~' 504 ~.......:~- a0~~I(Q}arrlC~. 0 .orz .._ O_~t1H,g~fI~c13p_ u.inVCJ U D