to him. So, he had no option but to turn to a regional
Commission.
institution
such as the
32. Accordingly, the Complainant submits that local remedies have been exhausted as per
Article 56(5) of the African Charter.
33. Concerning Article 56(6) of the African Charter, the Complainant did not particularly
express any view on whether the Complaint was filed within a reasonable time after
exhaustion of local remedies.
34. On Article 56(7) of the African Charter the Complainant goes not pre§ent any argument
as to whether this complaint is pending before any othe;~ihternatiorial·body. He rather
avers that he had lodged several Communications to the Commission, with similar
evidences, which petitions systematically exposes official wrongdoings
of the
Respondent State, and which the Respondent State has neither controverted nor
opposed.
35. Based on the above submission the Complainant urges the Commission to declare the
Communication Admissible.
Respondent
State's Submission
on~dmissibility
36. The Secretariat has not received the Respondent State's submissions on Admissibility to
date, despite several reminders.
";
Commission's
Analysis on Admissibility
37. Where a State had or has failed to make its submissions, the Commission is not deterred
from considering the issue of the admissibility of a Communication. In such a situation
the Commission will proceed on the basis of the information or any material pertaining
to the Communication and/or submissions by the Complainant.'
In this regard the
Commission will consider and determine whether on the material before it, the
Complaint is admissible or not.
38. The present Communication has been deferred several times, which decisions were
communicated
to the Respondent State, and the Respondent State has had
opportunities to make its submissions on Admissibility. As stated in the Procedure
above, the Respondent State did not make any submission on Admissibility. In the
absence of submissions from the Respondent State, the Commission will therefore
nonetheless proceed to make Decision, based on the submissions of the Complainant in
conformity of its practice+ and/ or on the material before it viz this Complaint.
319106 - Interights & Ditshwanelo v. The Republic of Botswana, 28 June 2016
See Communication 292/04- Institute for Human Rights and Development in Africa v. Angola (AC
3 See Communication
4
74th Ordinary Session of the ACHPR