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Human and Peoples Rights
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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