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ACHPR
J • African Commission on
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Human and Peoples' Rights
Human Rights our
Collective Responsibility
Respondent State violated the Complainant's rights under Articles 1, 7(1 ), 7(1 )(a),
13(2) and 13(3) of the African Charter.4
29 . The Complainant submits that the complaint is compatible with the Constitutive Act
of the African Union and the African Charter. He argues that the violations in the
present complaint are related to the human rights which fall within the ambit of the
Charter, which guarantees such rights. Therefore, the Communication satisfies the
threshold of Article 56(2) of the African Charter.5
30 . The Complainant submits that the complaint complies with Article 56(3) of the
African Charter as the allegations against the Respondent State are not
derogatory, nor are they in a disparaging or insulting language .6
31 . The Complainant further submits that the alleged violations presented in the
complaint are not based exclusively on news disseminated through the mass
media but are based on legal and administrative decisions by authorities and
institutions within the territorial jurisdiction of the Respondent State. It therefore
follows that the complaint meets the requirements provided for in Article 56( 4) of
the African Charter.7
32 . The Complainant asserts that the complaint was filed after exhausting local
remedies. The Complainant alleges that the case went through the domestic courts
in the Respondent State until the highest court, the Constitutional Court. The
country, a distinct indicator of the exhaustion of local remedies .
4
Complainant's Observations on Admissibility and Merits, para 19 and 20.
5 Complainant's Observations on Admissibility and Merits, para 22 and 23.
6 Complainant's Observations on Admissibility and Merits, para 24 and 25.
7 Complainant's Observations on Admissibility and Merits, para 26.
7
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