****** 54. The general provision relating to admissibility of applications before this Court is governed by Article 10 (d) (i) and (ii) of the Protocol (as amended by the Supplementary Protocol 2005), which provides thus: “Access to the Court is open to…d) individuals on application for relief for violation of their human rights; the submission of application for which shall: i) not be anonymous; nor ii) be made whilst the same matter has been instituted before another International Court for adjudication.” 55. The examination of the capacity of the Applicants as legal persons to institute this action is more compelling particularly in light of the fact that the Applicants are described in the Application as such and known as La Ligue Senegalaise Des Droits Humains (Senegalese League of Human Rights) and Amnesty International Section Senegal. 56. This is in conformity with the jurisprudence of the Court where it held as it concerns capacity of applicants that “It is trite learning that where the capacity of a Plaintiff is put in issue, he must, if he is to succeed, first establish his capacity by the clearest evidence.” EBERE ANTHONIA AMADI & 3 ORS V. THE FEDERAL GOVERNMENT OF NIGERIA JUDGMENT NO ECW/CCJ/JUD/22/19 PAGE 13 57. The crux of the objection of the Respondent is not that the Applicants as legal persons lack the capacity to bring this action on their behalf or on behalf of the Senegalese people. Their argument is that the Applicants must establish their locus standi either in a representative capacity or otherwise by proving a damage suffered in that wise. In other words that the Senegalese or the Applicants must establish that they are victims by 18

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