e.
Are sent after exhausting local remedies, if any, unless it is
obvious that this procedure is unduly prolonged,
f.
Are submitted within a reasonable time from the date local
remedies were exhausted or from the date the Court is seized
with the matter;
g.
Do not deal with cases which have been settled by those States
involved in accordance with the principles of the Charter of the
United Nations, or the Constitutive Act of African Union or the
provisions of the Charter.
21. The Court notes that the Respondent State raises an objection to the
admissibility of the Application based on non-exhaustion of local remedies.
The Court will rule on this before examining other admissibility
requirements, if necessary.
A. Objection based on non-exhaustion of local remedies
22. The Respondent State contends that an individual may bring a dispute
against their State before an international court only after having submitted
the same to the judicial authorities of that State with a view to affording them
the opportunity to redress the effects of the impugned decision or act of the
State.
23. The Respondent State asserts that there were satisfactory local judicial
remedies that the Applicant could have pursued against the inter-ministerial
order he contests, before bringing the matter before this Court. To this end,
it maintains that, in accordance with Article 117 of its Constitution,8 its
Constitutional Court has jurisdiction to hear allegations of human rights
violations. It considers that the Applicant could have laid before the said
court the allegations he raises before this Court.
Article 117 of the Constitution : “The Constitutional Court shall rule mandatorily on […] the
constitutionality of laws and regulatory acts allegedly infringing fundamental human rights and public
freedoms in general, in relation to human rights violation […]”.
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