EX.CL/717 (XX)
Page 154
establish a prima facie violation of rights and freedoms, or the basic principles
of the Constitutive Act of AU such as ‘freedom, equality, justice and dignity’.
The Respondent State submits that there is no prima facie case because the
dispute in question is between two private parties and does not involve the
State at all, and that the eviction was carried out by a non-state organ, in
execution of a court order.
55. It is important to explain what prima facie violation of rights and freedoms entail.
The term ‘prima facie’ means “on the face of it”; “so far as can be judged from
the first disclosure”; “a fact presumed to be true unless disproved by some
evidence to the contrary”.49 So, prima facie is a decision or conclusion that
could be reached from preliminary observation of an issue or a case without
deeply scrutinizing or investigating into its validity or soundness.
56. Therefore, one is presumed to have presented a prima facie case or shown a
prima facie violation of rights and freedoms under the Charter, when the facts
presented in the Complaint show that a human rights violation has likely
occurred. The Complaint should be one that compels the conclusion that a
human rights violation has occurred if not contradicted or rebutted by the
Respondent State.
57. In the case at hand the Complaint alleges a violation of Articles 1, 2, 3, 5, 10(1),
13(1) and (3), 14, 16, 17, 18(1) and (4), 21 and 22 of the African Charter
supported by court orders and other pertinent documents. The allegations in
this Communication are specific enough to establish a prima facie case.
Therefore, the present Communication is based on alleged violations of the
Charter and hence fulfills the ratione materiae requirement.
58. The ratione personae and ratio temporis requirements have also been met. The
Complainants, as indicated above in paragraph 51, have the standing to bring
the case before the Commission and hence meet the ratione personae
requirement, and the alleged human rights violations occurred within the period
of the Charter’s application to the State, which is also a fact that is uncontested
by the Respondent State confirming that the ratio temporis requirement is also
complied with. The last requirement under this provision is the ratione loci,
which provides that States Parties to the African Charter are responsible for
violations that occur within their territory. While whether the alleged violations
were committed by state actors directly or by private individuals is something
that would be looked into at the Merits stage, at this stage it suffice to proof that
the alleged violation occurred within the territorial jurisdiction of the Respondent
State, which according to the Commission the Complainant satisfactorily did.
49
Henry Campbell Black et al, Black’s Law Dictionary, 6th ed. (1990) 1189.