EX.CL/717 (XX)
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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.