effectiveness and adequacy of local remedies. In that regard, it argued that it was for the Applicant State to show that the alleged victims exhausted the remedies or that those remedies did not meet the required characteristics. 307. The Respondent State contends that the claims of the alleged victims could be examined before its courts and that, consequently, there was no reason not to exhaust local remedies. *** 308. The Court notes that, under Article 56(5) of the Charter, restated in Rule 50(2)(e) of the Rules, applications filed before it must be filed after all local remedies have been exhausted, if any, unless it is clear that the proceedings thereof are unduly prolonged. 309. The Court also notes that local judicial remedies must be available, that is, they must be capable of being pursued without impediment. They must also be effective and sufficient, in the sense that they are capable of remedying the situation in question.39 In accordance with the Court’s established jurisprudence, the rule is waived only where such remedies do not meet the requirements of availability, effectiveness and sufficiency or are unreasonably prolonged.40 310. In addition, the Court has consistently held that it examines the exhaustion of local remedies in the light of the specific circumstances of each case.41 311. The Court notes that, in the present case, the objection alleging nonexhaustion of local remedies is based on the fact that the Applicant State did not exhaust the remedies available under the rules of diplomatic 39 Lohé Issa Konaté v. Burkina Faso (merits) (5 December 2014) 1 AfCLR 314, § 108 and Sébastien Germain Marie Aïkoué Ajavon v. Republic of Benin (jurisdiction and admissibility) (2 December 2021) 5 AfCLR 94, § 75. 40 Kijiji Isiaga v. United Republic of Tanzania (merits) (21 March 2018) 2 AfCLR 218, § 44; African Commission on Human and Peoples’ Rights v Republic of Kenya (merits) (26 May 2017) 2 AfCLR 9, §§ 93-94. 41 Sébastien Germain Marie Aïkoué Ajavon v Republic of Benin (merits) (29 March 2019) 3 AfCLR 130, § 110. 69

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents