Company to pay him the sum of 500,000 U.S. dollars. The Complainant avers
that the award was annulled by the Administrative Chamber of the Supreme
Court following the appeal for annulment lodged by Pharmakina Company;
and that to secure the retraction of this judgment delivered in the first and
last instance in his disfavour, the President of the National Bar Association
instituted third-party proceedings before the Supreme Court. The
Complainant further contends that the Supreme Court has still not yet issued
its decision four years after the institution of the third-party proceedings.
Arguments of the Respondent State on Admissibility
43. The DRC argues that the Communication brought against it by the
Complainant, Mr Mamboleo, is inadmissible. The Respondent State bases its
argument on Article 56 (5), claiming that the Complainant has not exhausted
local remedies, since the action for annulment of the contested decision is still
pending before the Administrative Chamber of the Supreme Court of the
DRC.
44. As such, the DRC prays the Commission to declare the complaint
inadmissible on the grounds of non-exhaustion of local remedies.
The Commission’s Analysis on Admissibility
45. From the analysis of the arguments of both the Complainant and the
Respondent State, it appears that the parties agree on most of the
admissibility conditions. It is clear, after considering the arguments of the
Complainant that the conditions under Article 55 (1), (2), (3), (4), (6) and (7) of
the African Charter have been met.
46. However, the parties disagree on the point relating to the exhaustion of local
remedies. Indeed, Article 56 (5) provides that Communications must be “sent
after exhausting local remedies, if any, unless it is obvious that this procedure
is unduly prolonged”.
47. The issue raised at this point of consideration of the complaint is as follows:
were local remedies exhausted in this case or were they unduly prolonged?
48. The use of the rule of prior exhaustion of local remedies in litigations under
international human rights law is derived from international law, in general,
and specifically diplomatic law of essentially customary origin. This rule is
based on the idea that a State should be given the opportunity to right the
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