28. The Secretariat acknowledged receipt of the Complainants' Submissions by a
letter dated 12thSeptember 2022,which also informed them that their Submissions
would be transmitted to the Respondent State for its observations. The Secretariat
forwarded the Submissions by a Note Verbal of the same date, to the Respondent
State, and requested the latter to forward its observations on the said Submissions
within sixty (60) days of receipt of the Submissions, in accordance with Rule
116(2) of the Rules of Procedure 2020.
29. The Commission considered the Provisional Measures request at its 73rd Ordinary
Session, and decided not to grant it.
30. At its 75thOrdinary Session held from 3 to 23 May 2023 in Banjul, The Gambia, the
Commission declared the Communication admissible. This decision was forwarded
to the parties respectively on 7 June 2023 by a letter and Note Verbal dated 5 June
2023. The Note Verbale again requested the latter to submit its observations within
thirty (30) days of receipt of the notification.
The Law on Admissibility
Complainants' Submission on Admissibility
31. The Complainants submit that the Communication satisfies all the criteria for
admissibility under Article 56(1), (2), (3), (6) and (7) ofthe African Charter.
32. They put forward that although the Communication mentions mostly an
individual's name - Mading, who is the instigator of the events, the actions
complained against are those perpetuated by the law enforcement institutions and
agents of the Respondent State, particularly the Military Police acting under the
instruction of their Commanders.
33. The Complainants' arguments center mostly on Article 56(5) of the African Charter on exhaustion of local r~medies. Th~ Complainants re-iterate the steps they have
taken at domestic level, stated at paragraphs 8 - 24 above, and assure that they
attempted to exhaust all local remedies available in the Respondent State but that
local judicial remedies are. unavailable, ineffective and insufficient and that every
attempt to access them was blocked by the Military Police, and therefore cannot be
accessed freely.
34. The Complainants also submit that although the Media had reported that a
Presidential Order was issued that called every soldier being used as
bodyguards to return to barracks, a huge number of the Military Police continue
to guard Mading at the illegally possessed properties in Lologo II and continue
to be deployed to intimidate the complainants and block their case at all levels.