Nixon Nyikadzino v Zimbabwe
63. The Respondent State submits that in the modern era of communication where various
modes are available, it would not require a Complainant lengthy period of time, in this
case, a year, to submit a Complaint or indeed communicate with his representatives,
taking into account the gravity of the alleged violations.
64. In light of the above, the Respondent State submits that the period between 14 April
2006 and 3 May 2007, which is a year, cannot be considered reasonable in the
circumstances.
65. In conclusion the Respondent State contends that this Communication should not be
Admissible because it is not in full compliance with Article 56 of the Charter.
The Commission's Analysis on Admissibility
66. Article 56 of the Charter provides seven admissibility requirements which need to be
cumulatively fulfilled before a
Com~unication
is declared Admissible. In the present
Communication, while the Complainant argues that all the seven requirements have
been met, the Respondent State contests the fulfillment of three of the seven
requirements namely Article 56(2), (5) and (6) of the Charter.
67. With regards to the remaining four requirements, since the Respondent State has not
expressly disputed them, the African Commission is of the view that the Respondent
State agrees with the Complainant that they have been fulfilled. The African
Commission, after looking into the submissions of the Complainant, also finds no
ground to decide otherwise, and hence rules that Articles 56(1), (3), (4) and (7) of the
Charter have been met. Accordingly, the African Commission analyzes the submissions
of both parties against the contested Admissibility requirements.
16
11 th Extraordinary Session of the ACHPR
I P age