34. In view of the prolonged and unjustified lack of response from the Complainant,
the African Commission feels compelled to make a pronouncement on the
Communication on the basis of the elements at its disposal.
Decision on admissibility
Arguments from the Parties
The Complainant’s Submissions on Admissibility
35. The Complainant avers that the Communication meets all the requirements laid
down by Article 56 of the African Charter.
36. The Complainant contends that by stating the names of the Victims, the
requirement under Article 56(1) is fulfilled.
37. Still according to the Complainant, there is no incompatibility between this
Communication and the provisions of the African Charter.
38. The Complainant contends that the Communication contains neither disparaging
nor insulting language against the Respondent State, and that the information
contained therein is based on real accounts, thus is not based exclusively on news
disseminated through the media.
39. The Complainant also contends that ”all local remedies have been exhausted
pursuant to the provisions of Decree No. 019 of 23/08/1997 establishing the
Military Court, specifically in its Article 5 according to which the rulings of the
Court can neither be appealed nor set aside.”
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