Human
Rights our
Collective Responsibility
delivery of the judgment of the final domestic court. 22 If the remedies are not
available, sufficient or effective, the time will run from 'when the Complainant
immediately realizes' this." Similarly, where local remedies are unavailable or
prolonged, the time will run 'from the date of the Complainant's notice thereof'."
62.
In the present matter, the Complainant submits that the Communication was
filed within a reasonable time from the date of exhaustion of local remedies, and
therefore it is admissible. The highest court of the Respondent State, which is
the Constitutional Court, handed down its order on 6 December 2021 and this
Communication was filed before the Commission on 30 December 2021, which
is within three (3) weeks from the date of hand down of that court order.
63.
However, with regard to the requirement of Article 56 (6) in cases where local
remedies have not been exhausted, the Commission in Promoting Justice for
Women and Children (PROJUST NCO) v. DRCZS held that "this requirement is tied
to the requirement of exhaustion of local remedies so much so that the point of
departure ofthe reasonable time is from the,,9~~<~
of exhaustion of local remedies.
The African Commission having ruled that" local remedies have not been
exhausted, it automatically follows that the requirement under Article 56(6) of
the Charter is not met."
64. The circumstances being the same in the present matter, in that the Complainant
has not exhausted local remedies as required by Article 56 (5) of the African
Charter, the Commission follows the same approach as in Promoting Justice for
Women and Children '(PROJUST NCO) v. DRC26 and finds that there is no
compliance with Article 56 (6) of the African Charter.
Article 56(7)
22
Communication
333/06: Southern Africa Human Rights NGO Network
and Others v Tanzania, 26 May 2010,
para 73.
23
Communication
386/10 - Dr. Farouk Mohamed
Ibrahim (represented
by REDRESS)v. Sudan, 18 October 2013,
para 71.
24
Communication
25 Communication
322/06: Tsatsu Tsikata v Ghana, 29 November 2006, para 37.
278/03- Promoting
Republic of Congo, para 76.
26 Communication
278/03- Promoting
Justice for Women and Children (PROJUST NGO) v. Demo~i
Ii
Republic of Congo, para 76.
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