Discrimination (CERD), the Committee on the Elimination of
Discrimination Against Women (CEDAW), the Committee Against
Torture (CAT), the Committee on the Rights of the Child (CRC) and
the Committee on Migrant Workers (CMW).
116. The Charter bodies are those created under the UN Charter and
include the Human Rights Council (HRC), Special procedures of the
Human Rights Council, in particular, the 1503 procedure20 and the
Sub-Commission for the Promotion and Protection of Human Rights.
117. To be settled also requires that the treaty or Charter body dealing
with the matter has taken a decision which addresses the concerns,
including the relief being sought by the Complainant. It is not enough
for the matter to simply be discussed by these bodies. In the opinion of
this Commission, the present Communication was never submitted to
any of these bodies, either by the present Complainant or any other
individual or institution. The general human rights situation in the
region was rather discussed by the UN Security Council following
reports from different organizations, including agencies of the UN
itself. None of these bodies specifically dealt with, or was intended to
deal with the allegations raised in the present Communication and it
can thus not be said that the matter has been dealt with or settled as
required under Article 56 (7) of the African Charter.
118. The African Commission agrees with the Respondent State‟s
argument that the Complainants‟ argument relating to Ethiopia‟s
protection of political groups from genocide is irrelevant to the present
issue of admissibility. In same vein, the Commission notes that the
Respondent State‟s argument relating to the nature of the remedy
sought by the complainants is irrelevant to the present issue of
admissibility, and prematurely raised at this stage. The Commission
cannot therefore pronounce upon it at the present stage, and notes that
the proceedings on the merits would thus place the Commission in a
better position to make a finding in this regard.
119. Finally, in respect of the Respondent State‟s submission that the
present Communication does not conform with the procedures in the
African Charter, as it was done by way of a mere letter of appeal sent
to the (then) Special Rapporteur on Prisons and Conditions of
Detention in Africa. The African Commission notes that while Article
47 of the African Charter and Rule 88 of its old Rules of Procedure,
which relate only to Inter-State Communications, prescribe that
20
See Amnesty International v. Tunisia, African Commission on Human and Peoples' Rights,
Comm. No. 69/92 (1994) where the communication had been dealt with under the 1503
procedure and later brought to the African Commission. The Commission declared it
inadmissible in accordance with Article 56(7) of the African Charter.
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