p.CHPJ?
Ii f) 6~LLEfi
i<X,tnu1
~
Human Rights om
Collective Responsibility
Human and Peoples' Rights
government that violated several provisions of international human rights instruments
ratified by the Respondent State.
96. Therefore, on the basis of this line of argument, the Commission notes that the
conditions of Article 56(6) have been met.
Matters previously resolved (Article 56 (7))
97. The Commission's position on the above principle has been well elaborated and
clarified in its case-law with regard to two main conditions. On the one hand, with
respect to the nature of the organization, the Commission recognizes that Article 56(7)
is not satisfied if the same complaint is submitted to a human rights body for
consideration. On the other hand, as regards the nature of the decision, the
Commission said in the case of Haregewoin Gabre-Selassie and IDHDA (on behalf
of former Dergue officials) v. Ethiopia16 that the fact of "taking a decision that
addresses the concerns, including the remedy sought by the complainant... [and that]
it is not enough that the matter is simply discussed by these bodies".
98. This implies that when the complainant submits a complaint to the Commission, but it
has already been lodged with another competent human rights body, this
automatically renders the complaint inadmissible. In addition, when the Complainant
files a Complaint that has already been the subject of a decision taken by a human
rights body, the latter must have addressed the concerns, including redress.
99. It has been well demonstrated in this particular case that the complainants have only
brought cases before the national courts. In this regard , the Commission considers
that the conditions of Article 56(7) have been met.
African Commission Decision on Admissibility
100.
In view of the above, the African Commission on Human and Peoples' Rights:
- declares the Communication admissible;
- orders the notification of the parties of its decision in accordance with Article 118
(4) of its Rules of Procedure; and
- requests the Complainants to submit his observations on the Merits within • t
(60) days of notification, in accordance with Rule 116 (1) of his Rules of
e ttr6,i_..,
-,..?s' sf.CRETJ11j> .q1'
I.qr 0
,!I'
8~ •
Complainants' submissions on the merits
~o ; _
jo
16
Communication
301/05
Harcgewoin
https://w1vw.achpr.org/$PS$ions/ dcscio.!]~?id• 242
Gabre--Selassie
and
IDHDA
(on
behalf
of
fom1er
Dergue
~ f~
\
4
~
s
t.
~
I
v. ~
a
t
~ ~
AU-UA
~
<1, .q - - - - ~<,,
°"'
O-s,.
~
f
# ,,,...
•:;,ICA1Nf. 0
1.,~; #'
· ~,,.,,~er DES tti '~
~"'=----····