64. The Commission notes that the allegations in this Communication are specific and
establish a prima facie violation of the above listed rights and freedoms enshrined in
the African Charter. It also notes that the Communication has been brought by
citizens of a State Party who are rights holders within it and against a State Party to
the African Charter in respect of violations that allegedly occurred within the
territory of the Respondent State, the Republic of South Sudan. With regards to the
ratione temporis condition, the Commission note that the alleged violations started in
2021, while the State of South Sudan ratified the African Charter in 2013. The
Commission therefore holds that this Communication complies with Article 56(2) of
the African Charter.
65. Article 56(3) of the African Charter provides that Communications should not be
written in disparaging or insulting language directed against the State concerned
and its institutions or to the AU. In Zimbabwe Lawyers for Human Rights &
Associated Newspapers v Zimbabwe', the Commission described disparaging or
insulting language as one not aimed at "unla7,VfY:J,l,yand intentionqlly violating the
dignity, reputation or integrity of a judicial officer~o¢%ody" and not" used in a manner
calculated to... cast aspersions on and weaken public confidence on the administration of
justice".
,.
66. In this Communication, the Commission observes that the language of the
Complainants in their submissions in the prese:p.~ Communication are not
disparaging or insulting. The Commission therefore holds ,that this Communication
complies with the requirement under Article 56(3) of the African Charter.
67. Article 56(4) of the African Charter provides that Communications should not be
based exclusively on news disseminated through the mass media. The
Complainants' submissions were found to be based on Judicial records, not on news
disseminated by the mass media. Accordingly, the Commission is of the view that
the Communication complies with Article 56(4) of the African Charter.
68. Article 56(5) of the AfiiEcirtCharter'provides that Communications should be 'sent
after exhausting local remedies, if any, unless it is obvious that this procedure is unduly
prolonged'.
The Complainants aver that they made all efforts to exhaust local remedies but that
local remedies were unavailable, ineffective, and insufficient.
69. The rationale behind the exhaustion of local remedies is that States should be given
an opportunity to address the issue before the matter is brought before international
treaty bodies. In Free Legal Assistance Group and Others v Zaire6 and Recontre
Africaine pour la Defense des Droits de I'Homme v Zambia? the Commission stated
that the requirement of exhaustion of local remedies is founded on the principle that
a government should have notice of human rights violation in order to have the
opportunity to remedy such violations before being called before an international
body.