from enforcing domestic laws to which all people are subject, leading to judicial proceedings. The Respondent State argued that the application of domestic laws does not per se amount to a violation of the African Charter and that any shortcomings from the application of the domestic laws can be remedied through the Courts of the Respondent State. 73. The jurisprudence of the Commission has established conditions that must be satisfied for Communications to be compatible with the African Charter. To comply with Article 56 (2), a Communication should allege a violation of any of the rights protected by the African Charter, it must be brought against a State thatis bound by the African Charter by a competent person, and the alleged violation.should hav ccurred within a territory in which the African Charter is applicable.s- SUd~~.l.,ratifie e African Charter on 18 February 1986. The Communication brought by the'erganizatipns representing the four Complainants alleges that serious ~ 'ri~9!S vi~lation$' have taken place in the territory of the Respondent State frq' . Sept~" er 2013, ~'!Je to the cri~nalisation of . " 'tl' ''''''.,'''' apostasy and adultery by the Respond tate an e enforcement of sucli'ilaws. ""an 74. the:;rigiit The Complainants alleged the violation of to family and freedom of religion, amongst others. It is important to note/t;;):1at th~ " mission is not deciding whether human rights violations' have occurred-at :t;his sta, till, the Commission considers whether there "allegations of such human righ :~~violations. On that basis, the Commission co~!d not at this stage determine wh~ither the application of domestic laws of the Respon4~}}t State violates the rights protecte~'~y the African Charter to determine the compatibiHt»lof the Communicalicn.with the Ch~iter. Still, the Commission relies on such allegationsl5~cked by evidence ;rprimn facie violations of those rights and decides that the requirement under Article 56 (2) has been satisfied. ' are 75. The tHird'issue for d whether the Communication was written in disparaging 'or ';msulting " 'irected against the Respondent State and its institutions in terms of Article 56'T(3). The Respondent State submitted that the terms used in the Subt:llissiop'f?on Admissibility by the Complainants, such as unjust" and .'t,,#, ' """,' ' "', , " "abhorrent"; ascribed to its judiciary, are defamatory.f gya: II 76. The Commission found that the authors of the Complainants' submission on admissibility in paragraph 14 attributed the use of the word "unjust" to the Arabic Network for Human Rights Information who used it to describe the verdict passed against the first Complainant and the word abhorrent" was attributed to Amnesty International who used it to describe the case of the first Complainant. Although quotations were used, full references have been provided. The words were quoted in the II .... ,\llr.';r~" • 0,0 • '!>. ~ "'-V \{f'\ R/4r 24 SIr Dawda K. Jaw~ra ~ The Gambia, Communications 147/95-149/96, para.41; Darfur Relief and!i~cu'=>/nllnf~n-Jtre v Sudan, Communication 310/05, para. 64. (; ''''~\' ( '/ 25 Paragraph 14 of the Complainant Submission on Admissibility. ,~ ',3 \'0 • ., ~ .. o r : ";-<'~\, '~~y,~ "I l 1\'J'I,lfl. C ~<l, ~\ 6 o: '1 t J.5 ",'"/f '-'c..,\, 4~kl('P.\·"\. (i :\.'>.. O_\'~, .~'v .\ 'f /' :,~fI "',' .( \·',c er n~-~' .~ ....... f)r.'flr;~.,. ,

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