58.
The Respondent State submits that the investigations have not
established an act of negligence, inaction or incitement from security
officers in the present matter.
59.
The Respondent State explains that the PPO decided that, in reference to
the alleged sexual assaults, there was no ground for the crime of violation
of honour, but that evidence of severe beating, in accordance with the
AC
HP
R
Penal Code, was established.
The African Commission’s Analysis on Admissibility
60.
The only legal issue at stake in the present case is the exhaustion of local
remedies. With respect to the Respondent State‟s submission that there
was no violation of provisions of the African Charter, the African
Commission notes that those arguments cannot be examined at the
Admissibility stage. Determination of violation(s) to the African Charter is
made during the Merits stage of a Communication once that
Communication
has
been
declared
Admissible
by
the
African
Commission.
61.
The African Commission will therefore only examine Article 56(5) in
relation to the present Communication.
62.
Article 56(5) of the African Charter requires that Communications
should be sent to the African Commission after exhausting local remedies,
if any, unless it is obvious that this procedure is unduly prolonged. A
Complaint pending before the local courts means remedies have not been
exhausted. In the present case, the Complainants argue that they have
exhausted all the local courts and their case is not pending before them.
14