EX.CL/717 (XX) Page 162 Commission, together with the second victim to address the African Commission on the Communication. 27. By Note Verbale, dated 23 April 2010, the Secretariat informed the Respondent State about the Complainants letter of 22 April 2010. 28. At the 47th Ordinary Session of the African Commission held from 12-26 May 2010, in Banjul, The Gambia, the Complainant and the Respondent State addressed the African Commission on the Admissibility of the Communication. 29. The African Commission decided to defer the Communication to the 48th Ordinary Session for consideration on Admissibility, to allow the Secretariat to take into consideration, the oral submissions of both parties in its draft decision. 30. By letter, and Note Verbale, dated 4 June 2010, the Secretariat informed the Complainant and the Respondent State of the decision of the African Commission. 31. The African Commission decided to defer the Communication to the 49th Ordinary Session for consideration on Admissibility due to lack of time. 32. By letter, and Note Verbale, dated 9 December 2010, the Secretariat informed the Complainant and the Respondent State of the decision of the African Commission. The Law on Admissibility Complainant’s Submission on Admissibility 33. The Complainant states that the criteria for Admissibility stipulated in Article 56 of the African Charter have been fulfilled and goes further to address each of these criteria. 34. The Complainant states that in compliance with Article 56(1) of the African Charter, the author has been indicated as Prof. Dr. Liesbeth Zegveld on behalf of Mr. Jose Eugency Zitha and Prof. Pacelli L.J. Zitha. 35. The Complainant submits that Article 56(2) of the African Charter has been complied with, noting that the Communication deals with violations of rights guaranteed under the African Charter, which the Respondent State is a party to. 36. The Complainant states that the Communication is not written in disparaging or insulting language directed at the Respondent State and as such it has complied with Article 56(3) of the African Charter. 37. The Complainant avers that the Communication is not based exclusively on news disseminated through the mass media but is based on witness statements, a book and several reports of human rights organizations, and has thus fulfilled Article 56(4) of the African Charter.

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