(��•t) 6�!jsiEfi Human Rights our Human and Peoples Rights Collective Responsibility 44. Regarding Article 56(7) of the African Charter, the Complainant declared that the Communication has not been submitted to any other procedure of investigation or settlement and thus accords with Article 56(7) of the African Charter. <n:rJJ.L• • Analysis of the African Commission on Admissibility: 45. As indicated above, the Respondent State has not submitted its observations on Admissibility despite the opportunity accorded it in terms of Rule 105 of the Commission's Rules of Procedure. 46. In the present circumstances, and in accordance with the jurisprudence of the Commission as articulated in the case of Institute for Human Rights and Development in Africa v. Republic of Angola, "in the face of the State's failure to address itself to the complaint filed against it, the African Commission has no option but to proceed with its consideration of the Communication in accordance with its Rules of Procedure." Additionally, " . . . it would proceed to consider Communications based on the submission of the Complainants and information at its disposal, even if the State fails to submit." 5. Accordingly, the Commission must consider the Complainant's allegations insofar as these have been adequately substantiated. 47. The Commission recalls that Article 56 of the African Charter provides seven admissibility requirements, in which a Communication submitted under Article 55 of the African Charter must comply cumulatively to be Admissible. 48. Regarding Article 56(1) of the African Charter, the Commission notes that the Communication identifies the author as REDRESS and is, therefore, in accordance with the requirement under Article 56(1) of the African Charter. 49. In relation to Article 56(2) of the African Charter, the Communication is compatible with the provisions of the African Charter and the Constitutive Act of the African Union as it details a prima Jacie violation of Articles 1, 2, 5, 6, 7, 14 and 16 of the African Charter; it is submitted by a Complainant competent to do so against the Republic of Sudan, a State Party to the African Charter; the alleged violations occurred at a time when the African Charter was i in the State Party and within its territory. 5 Communication 292/04, (2008) ACHPR, para 34; See also Communication 25/89, 47/90, 56/9 1 , 1 Assistance Group and Others I Zaire, (1995) ACHPR, para 40. 10 ;.,, Organ of u,e AfriGan (��'\ Union \,.t,'fl African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region, The Gambia Phone: (220) 230 4361 Fax: (220) 441 OS 04 Email: au-banjul@africa-union.org https:/achpr.au.,nt/0 0 a

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