unless the Complainant provides sufficient justifications why any of the
requirements could not be met.
81. In
the present
Communication,
the Complainants claim
that
this
Communication fulfils all the requirements of Article 56 of the African
Charter. The Respondent State on the other hand submits that the
Complainants have not fulfilled the requirements under Article 56(5) and as
such, the
African
Commission
should
declare
the Communication
inadmissible. The Commission would thus analyze the arguments of both
parties based on the provisions of Article 56 of the Charter.
82. Article 56(1) of the African Charter states that “Communication relating to
Human and Peoples’ Rights… received by the Commission shall be
considered if they indicate their authors even if the latter request
anonymity…”
This
Communication
is
brought
before
the
African
Commission by the Egyptian Initiative for Personal Rights and Interights, the
Complainants, on behalf of the victims. In this Communication, the authors
as well as the Victims have been identified. The African Commission is
therefore of the view that sub-article (1) of Article 56 has been complied with.
83. Article 56(2) of the African Charter states that “Communications…received
by the Commission shall be considered if they are compatible with the
Charter of the Organization of African Unity or with the present Charter.”
The present Communication sets out that Articles 4, 5, 7(1) (a), and 26 of the
African Charter have been violated. The Communication is brought against
the Arab Republic of Egypt a State Party to the African Charter, and alleges
violation of the rights of Mohamed Gayez Sabbah, Mohamed Abdallah AbuGareer and Ossama Mohamed Al-Nakhlawy who are in custody awaiting to
be executed by the Respondent State. The African Commission therefore
holds that the requirements under Article 56(2) have been fulfilled.
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