143. The Commission wishes to note that even for purposes of Article 56 of the Charter, there cannot be adopted a single standard of proof that can be applied uniformly regardless of the admissibility condition and the circumstances of the case at hand. So for example, compatibility ratione materiae is made out by raising a prima facie case which only requires preliminary evidence indicative of a violation. A prima facie case is sufficient for admissibility purposes because the alleged violations would be substantively revisited with more rigour at the merit stage. The standard of proof for making out a prima facie case is accordingly lower than that which applies at the merit stage in assessing whether a violation actually occurred. 144. By contrast compatibility ratione temporis for example must be made out conclusively at admissibility stage as the very possibility of a case on the merits necessarily depends on whether the Respondent State had undertaken the necessary obligations when the alleged violations occurred. Whether a particular violation occurred after the critical date is an issue that goes to admissibility and not the merits of the alleged violations. 145. Similarly compatibility ratione personae with regard the Respondent State being a Party to the Charter must also be made out conclusively at the admissibility stage as this point too cannot be subject of reconsideration at the merit stage. 146. For the same reasons, the Commission holds the view that compatibility ratione loci must also be conclusively substantiated at the admissibility stage since at the latter stage, this would no longer be under consideration, unlike whether the state through its agents actually perpetrated or facilitated the alleged violations. In a case like the present where the very presence of the Complainant in the territorial jurisdiction of the Respondent State is squarely denied, it becomes particularly important to establish the location of the violation. 147. Clearly the standard of proof for matters which have to be conclusively established at admissibility stage cannot be the same as the standard of proof for matters on which only a preliminary finding suffices as such matters would be revisited later at the merit stage. 148. In the present Communication, to establish that he was deported to Djibouti and detained at a secret site there and therefore to establish that he was under the territorial jurisdiction or effective control of the Respondent State, the Complainant relies on a set of circumstantial evidence, including a record of habeas corpus 28

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