months on the other hand,12 it was clearly obvious that the process had been
unduly prolonged.
56. After examining the facts presented by the parties and their respective
arguments on Admissibility, the Commission notes that from the date of
initiation of the procedure before Congolese courts, that is from 24 August
2001, to the date of seizure of the Commission, that is, on 20 April 2005, a
period of four years had elapsed. The Commission further notes that from the
date it was seized of the matter up to the time it delivered its decision on the
admissibility of the Communication, it received no information from the
Respondent State regarding the outcome of the third-party proceedings, and
that from that same date up to the day of its decision on admissibility, a
further three-year period had elapsed.
Decision of the Commission on Admissibility
57. In the light of these findings, the Commission has no doubt that even if
domestic remedies are available, the process is unduly prolonged. Such a
delay does meet the requirements of efficiency and sufficiency of remedies
established by the African Charter and that has become a tradition in the
jurisprudence of the Commission.
58. As such, the Commission concludes that Communication 302/05 submitted
by Mr Mamboleo Itundamilamba against the Democratic Republic of Congo
meets the conditions under Article 56 of the African Charter and therefore
declares the Communication admissible.
Merits
59. It follows from the consideration of the case file that, in accordance with Rule
108 of the Rules of Procedure of the African Commission, the parties
exchanged their submissions on the merits of the case since June 2005, and
that the information provided by the parties to the Communication is
sufficient for the Commission to make a decision on the merits of the case.
The Complainant’s Arguments on the Merits
60. The Complainant prays the African Commission to declare the Respondent
State in violation of the relevant provisions of the African Charter, in
particular Articles 3 and 7 (1) (a) and (c), and therefore liable for providing
compensation for the damages suffered by the Complainant. Conversely, the
Fabricio Proana and Others v. Ecuador Case No. 9641 (12 April 1989) Inter-American Human Rights
Commission.
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