80. Furthermore, the Complainant has not refuted the Respondent State‟s
assertion that it did not impede the Complainant from exhausting local
remedies. According to the African Commission therefore, the State has
discharged its burden to show that local remedies are available and
effective to address the alleged violations. In this regard, the Commission
stands to reason that the Complainant‟s failure to rebut the State‟s
argument that local remedies are available and/or effective, and the
absence of evidence substantiating the allegations portray a serious
element of doubt on the veracity of the Complainant‟s claims.
81. From the foregoing, the African Commission takes the view that available
remedies in the Respondent State have not been tested by the
Complainant. Thus, the requirement in Article 56(5) of the African Charter
has not been met.
82. The last issue of contention in this Communication is the requirement
under Article 56(6) of the African Charter which provides that
“Communications received by the Commission will be considered if they are
submitted within a reasonable period from the time local remedies are exhausted,
or from the date the Commission is seized with the matter…”
83. This Commission notes that the requirement under Article 56(6) of the
African Charter is tied to the requirement of exhaustion of local remedies
so much so that the point of departure of the reasonable time is from the
date of exhaustion of local remedies. In this regard, the African
Commission having ruled that local remedies have not been exhausted by
the Complainant in this Communication, it automatically follows that the
requirement under Article 56(6) of the African Charter is not met.
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