6. Be submitted within a reasonable period with effect from the time local remedies are exhausted or from the date established by the Commission as being the start of the period of its seizure; 7. Not deal with cases which have been settled either in conformity 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.” 49. In the present Communication, the Complainant argues that the seven conditions have been fully met. The Communication provides the identity of its authors who are representing the Victims: Masumbuko Mwali Anne Marie, Chibalonza Balone Coco, Kamwanya Beya Rose, Fono Onokoko Péguy, Nabintu Marcelline, Atandjo Otshudi Charlotte, Congolese citizens represented by Lawyers Kathy Byenda Karubara and Sylvie Diulu Tshiongo, in accordance with Article 56(1). 50. The Complainant submits that paragraph 2 of Article 56 of the Charter has also been respected in the Complaint which alleges the violation of the provisions of the Charter (Articles 5, 7 and 14) by a State Party (the DRC). 51. Concerning paragraphs (3) and (4) of Article 56 of the Charter, the Complainant avers that the Complaint is not written in disparaging or insulting language against the State being challenged, its institutions or the African Union, and is not based on news disseminated through the mass media since the information provided constitutes concrete facts provided by the Victims. 52. The Complainant also argues that in accordance with Article 56 (5), local remedies were exhausted under the provisions of Article 5 of the Decree establishing the Military Court, which stipulates that its decisions cannot be appealed, nor set aside, and that the Communication was brought before the African Commission within a reasonable timeframe (Article 56(6)). 11

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