23. The Secretariat received the Complaint on 07 June 2017 and acknowledged receipt on 04
July 2017, informing the Complainant that the Complaint will be tabled before the
Commission for consideration.
Analysis of the Commission on Seizure
24. Rule 93(2) of the Rules of Procedure of the Commission provides for the requirements
which
must be met before the Commission
shall be seized of a Complaint, including a
preliminary assessment of the requirements under Article 56 of the African Charter. The
Commission is of the view that the Complainant has failed. to indicate the steps taken to
exhaust domestic remedies, nor did he provide grounds alleging the impossibility or
unavailability of domestic remedies, as provided under Rule 93(2)(i). While the
Complainant indicates that some cases had been filed on this matter before national
courts, including the Constitutional: Court,.the Complainant.does not provide
information to indicate that the Victims themselves had at all attempted to seize the
national courts nor does he provide arguments as to why local remedies donot have to
be exhausted. Thus the Commission finds that there is no prima facie indication that the
Complainant sought redress from national authorities as required by Rule 93(2)(i).
25. Secondly, the Complainant does not provide any indication as to why the submission of
the Complaint is within a reasonable:time in terms of Rule 93(2)(h) read with Article
56(6) of the African Charter, given that the violations have been ongoing since 1952 and
the military regime ended in 1981. Furthermore, given that cases were filed before the
Constitutional Court in 1996 and 1997, the failure of the domestic courts to deal with the
matter then should have resulted in the matter being brought before the Commission at
that time. The Commission thus finds that.the Complaint has not been brought within a
reasonable time as provided for under Rule 93(2)(h).
Decision of the Commission on Seizure
26. Based on its analysis, the African Commission on Human and Peoples’ Rights decides
not to be seized of this Communication because it does not fulfil the criteria for seizure
provided under Rule 93 (2) of the Commission’s Rules of Procedure.
Done in Dakar, Senegal at the 22"4 Extra-Ordinary Session of the Commission
held from 29 July to 07 August 2017
PT SECRETAR/,
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