admissibility and the new facts; the Criminal Procedure Code of Djibouti; and a picture of aircraft alleged to have been used to transfer the Complainant from Tanzania. 120. The submissions advanced by both parties during the oral hearing will be canvassed in the Commission analysis. The Commission’s Analysis on Admissibility 121. The present Communication is submitted under Article 55 of the Charter which allows the Commission to consider Communications other than those submitted by State Parties. 122. The admissibility of such Communications is governed by Article 56 of the Charter. Article 56 of the African Charter provides for seven conditions to be satisfied for a Communication to be admitted for consideration on the merits. 123. The Commission’s jurisprudence is to the effect that the seven conditions under Article 56 of the Charter are cumulative and must each be adequately fulfilled for a Communication to be declared admissible. Consequently, if upon the Commission’s assessment any one of the conditions is not satisfied, the Communication will be declared inadmissible entirely or to the extent of nonconformity as the case may be.4 124. Further, whereas the Complainant is required to address each condition with arguments and supporting evidence, the exchange of written arguments and supporting evidence by parties through the Secretariat serves the purpose of identifying and defining the real issues that are in contention between the parties, and which need to be focussed on regarding the admissibility of the Communication. This however does not mean that where an issue does not arise on any given condition the Commission will ipso facto consider such condition as satisfied. On the contrary, the requirement that each condition must be adequately fulfilled entails that the Commission will examine the Communication’s compliance with each condition based on the material presented. Communication 304/05 – FIDH and others v Senegal (2006) ACHPR para 38; Communication 338/07 Socio-Economic Rights and Accountability Project (SERAP) v Nigeria (2010) ACHPR para 43; and Communication 284/03 - Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v Zimbabwe (2009) ACHPR para 81. 4 23

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