I:tCO'f) AC H PR • >. . . " African Commission on Human and Peoples' Rights Human Rights our Collective nosponsibility that should be drawn to the attention of the AU Assembly. To exercise such a discretion, the Commission must act judiciously based on the current situation. 273. By the very nature of the wording of Article 58(1),the Commission is required to act in a certain way upon the occurrence of a specified set of circumstances. Specifically, Article 58(1) directs the Commission to draw the attention of the AU Assembly to 'special cases' which reveal a 'series' of 'serious and massive violations' of human and peoples' rights. 274. Indeed, the allegations of massive or serious violations of several provisions of the African Charter contained in this Communication are quite concerning. The neglect, failure or refusal of the Respondent State to respond-to the seriousness of the accusations warrant that the nature of the human rights violations found in this case be better understood. 275. However, after careful deliberations, the Commission is of th~ opinion that the issues for which the Complainants had sought a referral to the AU Assembly under Article 58 of the African Charter have been overtaken by events and that it is no longer necessary to do so. In the lightof this, the Commission declines the Complainants' request to draw the attention of the AU Assembly to the issue of massive and serious violations in South Kordofan and Blue Nile under Article 58 of the African Charter. 276. The Complainants also prayed the Commission to re-iterate its request to the Respondent State for provisional measures-to prevent irreparable harm to civilians in accordance with Rule 98. However, the Complainants have not provided any information update to suggest that the harms alleged in 2011 are currently ongoing: The essence of "provisional" measures is to prevent the occurrence of irreparable harm pending when a decision is made. 277. Considering the length of time that has passed since the alleged violations occurred and now, it is the Commission's reasoned consideration it is not relevant to reiterate the Provisional Measures issued to the Respondent State. 278. 56 An Organ Qf Ihe AfriGan ((-':~~) Union ,I<x,"~ https:/achpr.au.inVO 0 a