For these reasons, the [African] Commission in conformity with Article 56.5 of the African Charter declares this communication inadmissible for non-exhaustion of domestic remedies.
NOTE:
When the Chair of the [African] Commission wrote to the Government of Namibia expressing concern over the alleged deportation of Mr Sikunda, the government responded stating that its actions were legal and aimed at protecting the security of the country and its citizens.
Following the decision that the [African] Commission has come to, the [African] Commission would like to state that in circumstances where an alleged violation is brought to the attention of the [African] Commission and where it is alleged that irreparable damage may be caused to the victim, the [African] Commission will act expeditiously appealing to the Responding State to desist from taking any action that may cause irreparable damage until after the [African] Commission has had the opportunity to examine the matter fully. In such cases the [African] Commission acts on the facts as presented and it was therefore in this vein that the [African] Commission wrote to the Minister of Foreign Affairs of the Republic of Namibia expressing concern over the alleged deportation of Mr Sikunda.
Done at the 31stOrdinary session of the African Commission held in Pretoria, South Africa, from 2nd to 16th May 2002
