67.
Thus in addition to the observations advanced during the oral hearing, the
Commission has had regard to the following submissions as presented by the
parties:(a) Complainant’s Arguments on Admissibility
(b) Respondent State’s Arguments on Admissibility
(c) Respondent State’s Supplemental Arguments on Admissibility
(d) Complainant’s Response to the State’s Arguments on Admissibility
(e) Complainant’s Response to the State’s Supplemental Arguments on
Admissibility
(f) Respondent State’s Reply on Admissibility
(g) Complainant’s intended Final Response on Admissibility
(h) Complainant’s Summary of New Facts with supporting materials
(i) Respondent State’s Observations on Complainant’s Final Response and
New Facts
THE LAW ON ADMISSIBILITY
The Parties’ Submissions
1. Complainant’s Arguments on Admissibility
68.
Complainant submits that his Communication fully complies with conditions
for admissibility stipulated under Article 56 of the Charter. In terms of Article 56(1)
of the Charter, he states that he has identified himself as the Complainant and his
Representatives have equally been identified with full contact addresses.
69.
Pursuant to Article 56(2) of the African Charter, he submits that his
Communication is compatible with the African Charter because it alleges serious
prima facie violations of rights guaranteed under the Charter; and that the allegations
are directed against the Republic of Djibouti, a Party to the Charter. He further
submits in terms of Article 56(3) of the African Charter, that his Complaint is
presented in a polite and respectful manner, without using disparaging or insulting
language. Furthermore, the allegations are based on information based on a variety
of sources, including his own testimony, and not exclusively on news disseminated
through the mass media in compliance with Article 56(4) of the African Charter.
70.
Regarding Article 56(6) of the Charter on exhaustion of local remedies, the
Complainant submits first that local remedies to end his incommunicado detention
were unavailable since he was not allowed contact with the outside world including
his family, friends and lawyers, let alone the domestic legal system in the
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