(:HP: ACHPR ) Alrican Commission on onuo . Human and Peoples' Rights Human Rights our Collective Responsibility 53. Instead, the Complainant makes elaborate arguments supported by documentary evidence "to show that the Respondent [State] has violated Articles 3, 7 and 26 of the Charter." Respondent State's observations 54. The Respondent State challenges the admissibility of the Communication in respect of the claimed right to litigate in person on the ground that local remedies have not been exhausted. 55. It refers to the ruling of the Supreme Court of 1 July 2011 in which a five-member bench of the Supreme Court ruled as stated in paragraph 1 5 above and leave to appeal to the JCPC was declined in terms of paragraph 16 above. 56. It further states that despite the ruling of 1 July 2011, the Complainant has instituted multiple court proceedings which are still pending before Mauritian courts. The point has arisen and been argued in some of the cases, while in the others it has simply been taken and not yet argued. 57. Furthermore, the Respondent State refers to the Complainant's averments as captured at paragraphs 20 and 22 above and submits that on his own word, the matter of the right to litigate in person is still on going before domestic courts. In particular, the Respondent State refers to the decision of the JCPC as captured in paragraph 22 above to the effect that the issue of the right to litigate in person ought to be considered by the Court of Appeal before the JCPC could deal with it, and the Complainant had not sought to have that done. The Respondent State concludes that the issue is ongoing before domestic courts, and submits that the Complainant has not exhausted local remedies in terms of Article 56(5) of the Charter with respect to the issue of the right to initiating proceedings in person. 58. Apart from the above, the Respondent State of the Communication on any other groun � · � 0 � • Page 11 of 45 e the admissibility �tf:1±::e:s,a.1 V � <, African Commission on Human and Peopies' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.invO O a