(�'""f') 6�ttEB (mux,i Human and Peoples' Rights Human R;ghts our Collective Responsibility 50. The Communication complies with Article 56(3) of the African Charter as it does not contain disparaging or insulting language directed against the Respondent State or its institutions. 51. Concerning Article 56(4) of the African Charter, the Commission notes that the Communication contains eyewitness testimony of the alleged violations, medical and psychological reports, official documents, as well as reports of non-governmental organisations. Consequently, there is no evidence that any of the information provided is based on news disseminated through the media, and therefore, the Communication accords with Article 56(4) of the African Charter. 52. Article 56(5) of the African Charter requires that Communications be submitted after exhausting local remedies, if any, unless it is evident that this procedure is unduly prolonged. 53. The Commission has expounded extensively on the exhaustion of local remedies provision, most prominently in the case of Sir Dawda Jawara v Gambia, where the Commission held that for the domestic remedies referred to in Article 56(5) of the African Charter to be exhausted, they must be available, effective and sufficient, establishing further that a Communication is considered available i£ the Complainant can pursue it without impediment, effective if it offers a prospect of success, and sufficient if it is capable of redressing the complaint6. 54. In the present Communication, the Complainant submits that he should be exempted from the requirement to exhaust local remedies on the grounds that the remedies within the Respondent State are not available, effective, or sufficient. 55. The first submission of the Complainant contests the availability and effectiveness of domestic remedies within the Respondent State. In support of this submission, the Complainant proffers three arguments. 56. Firstly, the Complainant argues that he is exempted from the requirement to exhaust local remedies because the Respondent State failed to redress the alleged violations even though it had ample notice and time to do so. Therefore, as a result of its failure to conduct a prompt and effective investiga · 0 ,., State either has no available remedy or the available remedies are -�e�:tH,�,�;"'o.., .f "'o or sufficient. J �� u .. Ci' � s Communication 147/95 and 149/96, (2000) ACHPR, para 31. 11 u n �i d � "'J>. o FR,C All'l'- o<c-<,CJ.._,'<-" -'>< q ts �f�� glg�� istrict, 31 Bijilo Annex Layou , West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-union.org https:/achpr.au.int/0 0 D