p.CHPJi j f) 6�!:J,EB Human R;ghts ou, Human and Peoples' Rights Collective Responsibility determined in a particular case depends on whether the case concerns an instance where domestic remedies could and were exhausted, and the converse applies. In the latter instance, as in the present Communication, the initial period is when the Complainant becomes aware that domestic remedies are not available, effective or sufficient, or unduly prolonged. In the instant case, the Complainant avers that he realized domestic remedies could not be exhausted after correspondence from UK officials indicated as much on 05 August 2013. The Communication was subsequently submitted to the Commission on 25 October 2013, approximately two to three months after the initial awareness. 70. Consequently, the Commission considers that the Communication was submitted within a reasonable time after the Complainant realized domestic proceedings were impossible. 71. There is no information at the Commission's disposal to the effect that the subject matter of the Communication has been settled through other international procedures in terms of Article 56(7) of the African Charter. This reqt:.irement is accordingly met. Decision of the Commission on Admissibility 72. In view of the foregoing, the Commission declares this Communication Admissible in accordance with Article 56 of the African Charter. The Merits The Complainant's Submissions on Merits 73. The Complainant asserted that the Respondent State acted arbitrarily by apprehending and imprisoning him without substantial evidence. The Complainant was accused of being a British or Israeli spy, purportedly to instigate revolution during his stay in Sudan. Additionally, the Complainant contends that he endured various forms of torture, leading to considerable physical and psychological damage that surpasses the limits of medical i ntervention. These lingering effects continue to have a substantial and detrimental impact on the Complainant's overa ll well-being and q · Alleged violation of Article 1 of the African Charter (The Duty to G African Charter) Ai, Organ of the t· AfriGan ·0, Union -., ::/ 16 African Comm 31 Bijilo An ghts ���� strict, West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 05 04 Email: au-banjul@africa-u nion.org https:/achpr.au.int/0 0 a