Communication 431/12 – Thomas Kwoyelo v. Uganda 23. The Complainant submits that the Communication meets the terms and requirements of Article 56 of the African Charter and has presented evidence and arguments to support the submission. 24. Regarding exhaustion of domestic remedies, the Complainant notes that the Commission has held that the requirement of exhaustion of local remedies is founded on the principle that a government should have notice of a human right violation in order to have the opportunity to remedy such violations before being called before an international body.2 They note that the Government of Uganda has had ample notice of the violation as theVictim, since his imprisonment in March 2009, has sought judicial review at every level and currently remains detained with no timelines for when his detention may be subject to further review. 25. They argue further that the Commission has set out three criteria which guides it in considering whether a petitioner has fulfilled the exhaustion of local remedies requirement namely that the remedy must be available, effective and sufficient.3 They argue that the Victim has pursued all available remedies, to the extent that they exist. They note that although the Government may argue that the Victim is held pursuant to a stay issued by the Ugandan Supreme Court, it should be noted that the Supreme Court did not have a constitutional quorum to decide constitutional issues at the time when the stay was issued. 26. The Complainant goes further to state that even if the Government argues that a remedy exists (despite the numerous appeals completed by the Victim), it is clear that such a remedy is ‘unduly prolonged’ and thus exhaustion of that remedy is not required. ACHPR, Communications 25/89-47/90-56/91-10-93 - Free Legal Assistance Group, Lawyers’ Committee for Human Rights, Union interfricane des Droits de l’Homme, Les Temoins de Jehovah v. DRC (2002), para. 36. 3 ACHPR, Communication 147/95 - 149/96 Sir Dawda K. Jawara v The Gambia, (2000), para. 31. 2 6 62nd Ordinary Session, 25 April – 9 July 2018