91. On the requirement of exhaustion of local remedies under Article 56(5) of the
African Charter, the Complainants aver that they have exhausted all available
local remedies with respect to Kobedi‟s case. In particular, aver the
Complainants, the highest Court in Botswana, the Court of Appeal, has
determined the case. They therefore submit that the Communication satisfies the
requirements of Article 56(5) of the African Charter.
AC
HP
R
92. With regards to the reasonable time factor under Article 56(6) of the African
Charter, the Complainants argue that the Communication was submitted within
a period of four months since the Kobedi‟s stay of execution appeal was disposed
of by the Botswana Court of Appeal. The Communication, argues the
Complainants, also meets the requirements of Article 56(6) of the African
Charter.
93. With regards to Article 56(7) of the African Charter, the Complainants submit
that the instant case has not previously been determined by the African
Commission and there are no other international avenues that are being explored
by the Complainants as far as this matter is concerned. The Communication,
contends the Complainants, satisfies the provision of Article 56(7) of the African
Charter.
Respondent State’s Submissions on Admissibility
94.
In its written submission dated 25 May 2004 the Respondent State asserted
that it did not concede the other grounds upon which the Complainants rely for
the Admissibility of the Communication.
95.
However, in its oral submission made at the African Commission‟s 36th
Ordinary Session held from 23 November to 7 December 2004 in Dakar, Senegal,
21