powers to mandate African overrule the of ensuring Charter decisions compliance in its notes that specified areas which paragraph 29 above, the and and Complainant it wants that courts by a State Party, interpretation Commission the of national the some but simply with application in its these provisions of the areas to do The submissions consider, not its of the law" .6 admissibility Commission of the discharges fall set out within in the jurisdiction of the Commission and would indeed amount to an appeal of the decision of the national Courts. However, to the extent that the alleged violations relate to rights protected under the African Charter, namely, those that relate to the right to a fair trial, equality before the law and non-discrimination, they do fall within the rationne maieriae jurisdiction of 48. Further, the Respondent State is a State Party to the African Charter, accordingly the Communication falls within rationae the personae jurisdiction of the Commission. The Commission has rationae temporis jurisdiction, since the alleged violations took place after the ratification of the Charter by the Respondent State in 1992. The Commission finds that the Communication satisfies Article 56(2) of the African Charter. 49. Article 56(3) of the African Harter considered if they are not written in provides that Communications shall be disparaging or insulting language directed at the State concerned and its institutions or to the Organization of African Unity [now African Union]. The Respondent State had not raised any challenge in relation to this requirement. The <Commission has, in reading the Complaint, not come across anything :wfiidi would amount to disparaging or insulting language. "The Commission therefore finds that the requirements of Article 56(3) have been met. 50. In relation to Article 56(4) of the African Charter, which requires that the Communication {IIUSt not be based exclusively on news disseminated through the mass media, the Respondent State has not raised any challenge. The Commission notes that the Complaint is submitted by the Victim himself and is 10

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