mentioned the Articles of the Charter violated in the domestic Courts. What is important at this stage is for
the Complainants to state the facts, showing evidence of prima facie violation of Articles in the Charter and
that they have utilized and exhausted the legal mechanisms available to them in the State to remedy the
wrong; this is sufficient for the Commission to make a decision on Admissibility under this proviso. The
Commission therefore holds that this requirement has been fulfilled by the Complainant.
84. Article 56 (6) of the Charter provides that "Communications relating to human and Peoples' Rights...
shall be considered if they; are submitted within a reasonable period from the time local remedies are
exhausted, or from the date the Commission is seized with the matter". The Complainants state that the
decision of the Constitutional Court to dismiss its application for leave to appeal the Supreme Court of
Appeal's decision on 16 February 2006 brought an end to its efforts to exhaust local remedies. The
Secretariat of the African Commission received this Communication on 19 December, 2006 and
acknowledged receipt by a letter dated 12 February, 2007. The Charter does not provide for what
constitutes a reasonable time, for a Complainant to bring his/her complaint before the Commission. The
Commission has however dealt with this issue, on a case by case basis. The Communication was received
by the Secretariat of the African Commission ten months after the decision of the Constitutional Court. The
African Commission considers this to be a reasonable time, taking into consideration the complexities of
getting a representation before an international body, the unreliability of communications system in Africa
and obtaining the consent of a large group of victims. The African Commission therefore holds that this
proviso has been complied with.
85. Article 56 (7) of the Charter provides that "Communications relating to human and Peoples' Rights...
shall be considered if they: do not deal with cases which have been settled by these states involved in
accordance with the principles of the Charter of the United Nations, or the Charter of the Organisation of
African Unity or the provisions of the present Charter." The Complainants state that this Communication
has not been taken before nor settled by any international body and as such this requirement has been
met. The State has not objected to this and there is no evidence before the Commission to show that the
Communication has been settled by an international body. The Commission therefore holds that this
requirement has been fulfilled.
86. The Commission holds that all the provisions of Article 56 of the African Charter, have been fulfilled by
the Complainants.
87. In view of the above the Commission declares the Communication admissible.
Merits
Complainants' Submissions on the Merits
88. The Complainants submit that the Communication describes in detail the violation of the human and
peoples' rights that took place and indicates the date when these took place. The Complainants urge the
Commission to consider the facts of the case as their submissions on the merits.
Respondent State's Submissions on the Merits
89. The Respondent State submits that with the exception of the allegation concerning the right not to be
discriminated against (Article 2), which can be inferred from the facts of the case, the Complainants have
made no attempt to substantiate their allegations of the violation of Articles 3, 13 and 15 of the Charter.
Alleged Violation of Article 2
90. On the alleged violation of Article 2 of the Charter, The Respondent State submits that it is clear that
Article 2 is a non-discrimination provision, listing in some detail the prohibited grounds of discrimination.
The Respondent State refers to Kahn, Walter & Jorg Kunzli, who define discrimination as "treating
differently, without objective and reasonable justification, persons in similar situations."18 It argues that the
Communication does not set out the ground on which the Complainants' alleged discrimination occurred,
nor whether this constitutes a prohibited ground of discrimination.
91. The Respondent State maintains that a Communication must provide a prima facia case of a violation
of right in the Charter and there must be sufficient substantiation of a violation. In the view of the
Respondent State , the current Communication fails to meet this test, firstly, because the Complainants do
not substantiate the alleged violation of the right not to be discriminated against, and secondly because to
the extent that some negative effect on the Complainants may have been shown, this results not from a
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