Communications should be submitted in written form, and addressed
to the Secretary General of the OAU (now Chairperson of the AU
Commission) and the Chairperson of the African Commission; there is
no provision either in the Charter or its Rules of Procedure relating to
the prescribed form for Non-State/Individual Communications.
120. The Commission further notes that Article 56 of the Charter has an
exhaustive list of admissibility requirements, which do not include the
form of the Communication or the manner in which it was received.
The Commission therefore holds that the prescribed (and not
authorised) form for submission of Communications is not a
prerequisite for the admissibility of Communications, and is
extraneous to the present issue before the Commission. More so, the
present Communication was brought in a written for, albeit addressed
to a Commissioner of the African Commission, and the then Special
Rapporteur on Prisons and Conditions of Detention in Africa. A letter
to a visiting Special Rapporteur on Prisons and Conditions of
Detention in Africa seemed to have been the most practicable and reliable
means for the Complainants to bring the plight of the victims to the
African Commission.
121. For these reasons, the
Communication Admissible.
African
Commission
declares
this
THE MERITS
COMPLAINANTS’ SUBMISSIONS ON THE MERITS
Clarifications Submitted by the Complainants
122.
Since the submission of their brief on Admissibility the
Complainants have informed the African Commission that they are
making some substantial ammendments and clarifications to their
initial submissions.
123.
It says that in paragraph two of the brief on Admissibility it had
alleged violations of Articles 1, 2, 3, 5, 6, 7(1)(a), (b), (c), (d), 7(2), 25 and
26 of the African Charter and the right to privacy guaranteed under the
international conventions to which the Respondent State is a party to.
It states that in spite of its efforts and the fact that the violations appear
very probable, it has not been able to get evidence to support some of
the alleged violations. It has therefore decided to drop its previous
claim that Articles 3, 5, 6 and 7(2) are violated for lack of evidence. It
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