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54. The general provision relating to admissibility of applications before this
Court is governed by Article 10 (d) (i) and (ii) of the Protocol (as amended
by the Supplementary Protocol 2005), which provides thus: “Access to the
Court is open to…d) individuals on application for relief for violation of
their human rights; the submission of application for which shall: i) not be
anonymous; nor ii) be made whilst the same matter has been instituted
before another International Court for adjudication.”
55. The examination of the capacity of the Applicants as legal persons to
institute this action is more compelling particularly in light of the fact that
the Applicants are described in the Application as such and known as La
Ligue Senegalaise Des Droits Humains (Senegalese League of Human
Rights) and Amnesty International Section Senegal.
56. This is in conformity with the jurisprudence of the Court where it held as
it concerns capacity of applicants that “It is trite learning that where the
capacity of a Plaintiff is put in issue, he must, if he is to succeed, first
establish his capacity by the clearest evidence.” EBERE ANTHONIA AMADI
& 3 ORS V. THE FEDERAL GOVERNMENT OF NIGERIA JUDGMENT NO
ECW/CCJ/JUD/22/19 PAGE 13
57. The crux of the objection of the Respondent is not that the Applicants as
legal persons lack the capacity to bring this action on their behalf or on
behalf of the Senegalese people. Their argument is that the Applicants
must establish their locus standi either in a representative capacity or
otherwise by proving a damage suffered in that wise. In other words that
the Senegalese or the Applicants must establish that they are victims by
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