EX.CL/717 (XX)
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contained in the African Charter, in particular, rights guaranteed under Article 2,4,5,6
and 7(1) (d) of the African Charter. The African Commission therefore holds that the
requirements under Article 56(2) of the African Charter have been fulfilled.
99.
Articled 56(3) of the African Charter states that ‘Communications …received by
the Commission shall be considered if they are not written in disparaging or insulting
language directed against the State concerned and its institutions or to the Organisation
of African Unity now African Union (AU). The present Communication is not written in
disparaging or insulting language directed at the State, its institutions or the AU, and for
these reasons the African Commission holds that the requirement of Article 56(3) of the
African Charter has been complied with.
100. Article 56(4) of the African Charter states that ‘Communications relating to
human and peoples’ rights… shall be considered if they are not
basedexclusively on
news disseminated through the mass media’. The Communication is not based
exclusively on news disseminated through the mass media and there is evidence to
show that the Communication is based on witness statements, a book and several
reports of Human Rights Organisations. For these reasons, the African Commission
holds that the requirement under Article 56(4) of the African Charter has been fulfilled.
101. . Article 56(5) of the African Charter states that ‘Communications relating to
human and peoples’ rights… shall be considered if they: are sent after exhausting local
remedies, if any, unless it is obvious that this procedure is unduly prolonged’. With
regards to the first victim, the Complainant submits that the Respondent State has to
prove that the first victim is still alive and bring him before a competent court of law in
order to enable him to be tried in accordance with national and international fair trial
standards.80 The Respondent State has not proved that the first victim is alive, and the
Complainant argues that there is substantial chance that the first victim has been
executed and his execution has completely foreclosed such a remedy.
102. With respect to the second victim, the Complainant submits that he has
madeseveral attempts to exhaust local remedies during visits to Mozambique to find out
the whereabouts of his father. It is submitted that in his attempt to deal with the
whereabouts of his father, the second victim took the following measures:
80
a)
Sent a letter to the former President of Mozambique Joaquim
Chissano with no response;
b)
Sent several letters to the current President of Mozambique, Sir
Armando Emilio Guebuza on 15 August 2006, 12 September 2006
and 17 November 2006 respectively with no response;
c)
Sent a letter to Mr Bacre Waly Ndiaye: Special Rapporteur of
Extrajudicial, Summary and Arbitrary Executions of the United
Nations on 11 March 1996;
Communication 250/02 - Liesbeth Zegveld & Mussie Epherm v Eritrea (2003)