is not based on news disseminated through the mass media and it does not deal with cases or claims which have been brought to the attention of an international dispute body or settled by such a body. 45. The Commission is satisfied that the five (5) conditions set out in sections 56 (1), (2), (3), (4) and (7) are met. This leaves paragraphs 5 and 6 of Article 56 of the Charter. 46. According to Article 56(5), Communications "must be' sent after the exlmustion of domestic reulvdicis, if any, unless if is obvious to the Commission that the procedure for such remedies is being unduly prolonged ". In its jurisprudence, the Commission maintained that three major criteria must be met in determining whether domestic remedies have been exhausted and if that is the case, they must be available, effective and sufficient", while also noting that "A remedy is considered nzvnilnblc :Ethe .e petitioner can access it without m J . it overs n prospect of success rind it is deemed srqficivnt zfthe complaint is uplield".1u Where one of these characteristics is not present, the requirement of exhaustion of domestic remedies is deemed not to have been met as stipulated in Article 56(5). 47. In this present Communication, the Complainants maintain that domestic remedies have not been available, neither have they been effective and sufficient to provide remedy as a result of the unduly prolonged nature of the procedure initiated with the aforementioned jurisdictions. Unavailability of Remedy 48. The Complainants claim that the District Court (TGI) of Uvira and the Court of Appeal of Uvira have successively declared themselves incompetent on the grounds that the issue raised by the Complainants falls within the realm of constitutionality. They indicated that they had been obliged to refer the matter to the Supreme Court, but that no hearing had been scheduled up to the date on which the case was referred to the Commission. 49. The Commission has clearly established that a remedy is available if the petitioner can have access to it without any hindrances. In this specific case, the successive abandonment of claim by the District Court and the Appeal Court on grounds of an unstated allegation by the Complainants can cause an obstacle since it compelled the latter to seize the Supreme Court, thus prolonging the waiting time 9 Communication 147/95149/96 - Sir Darwda lmvnra 1/ The Gambia (2000) ACHPR para 3l 10 ldcm, para 32. g