37. On 29th May 2023, the Complainant submitted arguments on Mertis which were
transmitted to the Respondent State on 23rd June 2023, for Reply within sixty (60)
days, and the Respondent State failed to do so.
Ill.
Parties' Submissions on the Admissibility of the Communication
A.
Complainant's Submission on Admissibility
38. The Complainant submits that the present Communication satisfies all the
Admissibility requirements set out in Article 56 of the African Charter and presents
arguments in support of that submission.
39. As regards Article 56(1) of the African Charter, the Complainant submits that the
Communication clearly indicates its author -ACJPS, which submitted the
Communication on behalf of, Dr. Bushra Gamar Hussein Rahama, the Victim, and
that the Victim did not request that his identity be withheld from the Respondent
State.
40. Concerning Article 56(2) of the African Charter, the Complainant submits that the
Communication is compatible with the African Charter and the Constitutive Act of
the African Union (AU) for the reasons that: it has been filed against a State Party
to the African Charter since 1986 - Republic of The Sudan; it alleges prima facie
violations of the Complainant's rights protected by the African Charter12: to
protection from torture, cruel, inhuman or degrading treatment or punishment; to
personal liberty and security of person; to have his cause heard; to freedom of
expression; and to be protected from the Respondent State from the violation of
his rights by taking requisite measures, as provided for under Articles 5, 6, 7, 9(2)
and 1 of the African Charter respectively; and it is brought in respect of violations
that occurred after The Sudan's ratification of the African Charter, as the alleged
violations occurred between 2011 and 2012, more than 24 years after the
ratification of the African Charter by the Respondent State.
41. Furthermore, on Article 56(3) of the African Charter, the Complainant submits that
the Communication is not written in disparaging or insulting language directed
against either the Respondent State or the African Union (AU), and that the
language used is respectful and balanced.
12 Relying on Communication 306/05- Muzerengwa and 110 Others v Zimbabwe (ACHPR)(201 1).