180. In short, whereas the Commission recognises the rule of international law
enunciated in the Monetary Gold Case, it however holds the view that so far as it
relates to violations of human rights and of such gravity as torture in particular, the
mere fact that the conduct of a third state would as of necessity have to be examined
will not absolve a State Party from accounting for its obligations duly undertaken
under the Charter.
181. Thus, the mere fact that the conduct of the United States of America would as
of necessity have been examined in the present Communication would not have
absolved the Republic of Djibouti from accounting for its obligations under the
Charter, had the Complainant established his presence in Djibouti, a fact the
Commission has not so found.
182. In terms of its jurisprudence, since the conditions under Article 56 of the
Charter are cumulative, where a communication fails to satisfy one condition, it is
inadmissible. The Complainant has not satisfactorily made out the Communication’s
compatibility with the Charter ratione loci. This being a threshold requirement which
has to be made out conclusively at the admissibility stage, the Commission does not
find it necessary to consider the remaining conditions.
The African Commission’s Decision on Admissibility
183. In view of the foregoing, the African Commission on Human and Peoples’
Rights declares this Communication Inadmissible for incompatibility with the
Charter in terms of Article 56(2) of the Charter.
Done in Luanda, Angola during the 55th Ordinary Session of the African
Commission on Human and Peoples Rights, 28 April to 12 May 2014
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