Communication satisfies the requirement under Article 56(2) of the African Charter
because it is: brought against the Federal Democratic Republic of Ethiopia, State Party
to the African Charter; alleging violations of the provisions of the African Charter; and
based on the events emanating from the enforcement of the Anti-Terrorism
Proclamation No. 652/2009 enacted in 2009after the adoption of the African Charter.
101. Article 56(3) of the African Charter requires that the Communication should not be
written in disparaging or insulting language. In the absence of a specific objection from
the Respondent State of the Complainants records, the Commission is satisfied that the
above requirement has been satisfied after examining the Complainants' submissions.
102. Article 56(4) of the African Charter requires that the Communication is not based
exclusively on news disseminated through the mass media. This requirement has also
been met since the Complainants relied on various documents including affidavits,
court records, documentary films, amongst other supporting documents.
103. Article 56(6) of the African Charter requires that the Communication be submitted
within a reasonable period of time. From the additional submissions of the
Complainants under paragraph 91 above, the Complainants made a unilateral
application to the Council on 15thJanuary 2013, which application was not acted upon.
This was the last action recorded with regards to the procedure pursued at the domestic
level. Eight months later on 4th October 2013, they lodged a complaint to the
Commission having received no response from the Council.
104. Unlike other regional bodies, there are no clear guidelines on this issue of
'reasonableness' under the African Charter and as such the Commission has observed
in the past that it should be assessed 'taking into account the circumstances of each
caseJ? Since the delay insubmitting this Communication was not occasioned by the
fault of the Complainants but that of the Council failure to act this Communication has
been submitted within a reasonable time.
105. Article 56(7) of the African Charter requires that the Communication should not have
been settled before other international bodies. The Commission notes that nothing in
the facts as well as the parties' submissions reveal a violation of this provision and
therefore finds it satisfied as well.
106. Consequently, the Conunission is satisfied that the Complainants have fulfilled the
requirements under Article 56(1), (2), (3) (4), (6) and (7) of the African Charter. In this
regard, the Commission will proceed to analyse the arguments of both parties with
regards to the requirement under Article 56(5) of the African Charter on the exhaustion
of local remedies, which has been particularly contested by the Respondent State.
107. Article 56(5) of the African Charter requires that the Complainant should exhaust local
remedies unless it is obvious that the procedure is unduly prolonged. The requirement
to exhaust local remedy is a precondition that must be satisfied before finding a
Communication Admissible.s? In Zimbabwe Laurfers for Human Rights & As~
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ACHPR.
20 See generally the following Communications:
Communication No. 284/03 -- Zimbabuie
Rights & Associated Newspaper of Zimbabioe v. Zimbabwe (2009) ACHPR; Communication 221/9
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