48. Article 56(1) requires that Communications submitted to the Commission be
considered if they' 'indicate their authors even if the latter requests anonymity". The
Author of this Communication has been disclosed as Johannes Jurie Botha
who is also the Victim of the Communication. The address and contact
information of the Complainant has also been disclosed. These facts remain
uncontested by the Respondent State. The Commission is satisfied that the
author of the Communication is indicated and accordingly holds that the
requirement of Article 56(1) has been complied with.
49. According to Article 56(2) of the African Charter, Communications, in order to
be admissible must be compatible with the Charter of the Organization of
African Unity (now Constitutive Act of the African Union) or with the African
Charter. The compatibility requirement is in four (4) folds: A Communication
must allege a right set out in the African Charter (substantive requirement); A
Communication must be directed against a State Party to the African Charter
and must be submitted by someone competent or legally permitted to do so
(personal requirement);The events complained of must have occurred within the
Charter's period of application (temporal requirement); and the events must have
occurred within the territory of the Respondent State (territorial requirement).
50. The Respondent State has contested compliance with Article 56(2) of the
African Charter on the grounds that the Complainant has not identified nor
specified which Articles of the Charter have been violated in relation to his
rights (the substantive requirement). The State adds that the Complaint is instead
made up of allegations aimed at attacking the intellectual and moral integrity
of the Mauritius Police Force, the Judge presiding over the trial case and the
Office of the Director of Public Prosecutions in Mauritius.
51. In Southern Africa Human Rights NCO Network and Others v Tanzania, the
Commission established that one of its primary considerations under Article 56
(2) of the African Charter, is whether there has been prima facie violation of
human rights guaranteed by the African Charter," and only concerned about
preliminary proof that a violation occurred. It is therefore not mandatory for
the Complainant to mention specific provisions of the African Charter that
have been violated. In relation to the present Communication, the Commission
notes that facts presented by the Complainant from paragraphs 2 to 14 of the
summary of facts above are related to Articles 1, 3, 5, 6 and 7 of the African
Charter. Consequently, at this stage of the proceedings, the Commission is only
determining prima facie violation of the rights alleged and not attempting to
determine if the violations as alleged actually occurred.
52. The second leg of the Respondent State's contention suggests that the
Complainant's allegations are aimed at attacking the intellectual and moral
integrity of the Mauritius Police Force, the Judge that presided over the trial
Para 51