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

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