attacking the intellectual and moral integrity of the Mauritian Courts; and 3) the
Complainant is using the Commission as a Court of Appeal for a matter which
had been settled at the national level.
45. The Complainant submits that Articles 2, 3, 5 and 7 of the African Charter have
been violated.
The
Complainant does
Commission
disagrees with
not substantiate
how
the
the
Respondent State
Articles
have
that the
been violated.
The
Commission is of the view that the Complainant in paragraphs 7 to 10 above
clearly sets out the alleged irregularities in the process before the national courts
which he avers violated the abovementioned rights, including the allegations of
the Courts disallowing the Complainant from calling a witness, allowing hearsay
evidence
relation
and
to
the
the
Communication
dissimilar
State's
treatment
secon
etween
objection,
'the
must show a prima 'facie case.
jurisprudence of the
his
case
and
Commission
The
similar
notes
Respondent Stat
Commission which held that a prirna
cases.
that
In
the
refers
to
facie violation has
occurred "where the facts presented in the Complaint show that a human rights
violation
has
conclusion
likely
that
occurred.
a human
The Complaint should
rights
violation
has
be
occurred
one
that compels
the
if not contradicted
or
rebutted by the Respondent State".
46. As noted above, the Cornmissio
as held that the Complainant has presented
facts which would likely amount to a human rights violation. The State did not
submit any contradictory evidence to sh
w that the facts presented were false.
Thus the challenge by the State that these are mere allegations does not mean
that a prima facie case has not been established. Complainants are expected at the
merits stage of the Communication to provide full submissions and evidence on
the alleged violations to
rove their case on a balance of probabilities. While not
making any determination on violations, the Commission thus finds that a prima
Jacie case has been established. Additionally, the State has not substantiated its
submission that the Complaint is "aimed at attacking the intellectual and moral
integrity
of
the
Mauritian
Courts",
and
the
Commission
does
not
find
any
is
using
the
suggestion to this effect in the Communication.
47. The
third
objection
raised
by
the
State
is
that
the
Complainant