52. On Article 56(6) of the Charter, the Complainants submit that the
Communication is submitted within a reasonable time after exhaustion
of local remedies, that is, within six months of the proclamation of the
2015 elections results, and therefore that the Communication satisfies
the requirement of Article 56(6) of the Charter.
53. On Article 56(7) of the Charter, the Complainant submits that the
Communication satisfies the requirement of the Charter, as the
Communication has not been submitted to any international or regional
procedure of investigation or settlement.
The Commission’s Analysis of Admissibility
54. Article 56 of the Charter sets out seven conditions that a
Communication submitted under Article 55 of the Charter must satisfy
to be Admissible. The requirements apply conjunctively and
cumulatively.5 The Complainants submit that the present
Communication meets all the Admissibility requirements in Article 56
of the Charter.
55. The Commission recalls that notice of the pending Communication was
sent to the Respondent State and requests that it submits its
observations and evidence on the Complainants’ arguments on
Admissibility in line with Rule 105(2) of the 2010 Rules of Procedure.
However, the Respondent State did not submit its observations and
evidence on the Admissibility of the Communication.
56. In a situation where a State Party fails to submit its observations and
evidence in line with Rule 105(2) of the 2010 Rules of Procedure, despite
notice to that effect, the Commission has no option but to proceed with
its consideration of the Communication’.6 Accordingly, and in line with
its existing jurisprudence, the Commission will analyse and determine
the Admissibility of the Communication based on the information
supplied by the Complainants in their submissions on admissibility.
Communication No. 304/2005 - FIDH & Others v Senegal (2006) ACHPR para 38.
Communication No. 292/04, Institute for Human Rights and Development in Africa (on behalf of Esmaila
Connateh and 13 others) v Angola para 34. See also Communication 159/1996 - Union Inter Africaine des
Droits de l’Homme, Federation Internationale des Ligues des Droits de l’Homme, Rencontre Africaine des Droits
de l’Homme, Organisation Nationale des Droits de l’Homme au Sénégal and Association Malienne des Droits de
l'Homme v Republic of Angola; Communication 276/03 - Centre for Minority Rights Development (Kenya)
and Minority Rights Group (on behalf of Endorois Welfare Council) v Kenya.
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African Commission on Human and Peoples’ Rights
31 Bijilo Annex Layout, Kombo North District,
West Coast Region, The Gambia,
Phone: (220) 230 4361 Fax: (220) 441 05 04
Email: au-banjul@africa-union.org
https:/achpr.au.int/