where the Commission focused more on the nature of grave/mass
violations rather than identifying the victims involved.
71. This brings us to the criteria for determining whether victims should be
identified or not, in light of which the Commission proposes two
criteria:
72. The first criterion requires that “violations alleged by the victims
should be grave and massive in nature” to pass the test of nonidentification. In this regard, further to its arguments under Article
56(5) of this Communication,26 the Commission has already established
that the violations were grave and massive, which precluded the victims
from being identified. Therefore, the first criterion has been met.
73. The second criterion pertains to the “nature of the prayers and
compensation.” Under normal circumstances, the victims should be
identified to facilitate compensation to the victims by the Respondent
State. In the present Communication, the Commission notes that the
Complainants are not seeking material compensation for the entire
electorate of Ethiopia. They instead focus mainly on reparations of
satisfaction and guarantees of non-repetition, including:
i.
ii.
iii.
Recognition of a violation of Articles 1, 9, 10, 11, and 13(1)
of the Charter;
Amendment of legislations that are incompatible with the
Charter and have served to unduly restrict the right of all
Ethiopians to participate in Government effectively; and
Undertake institutional and practical reforms to open up
civic space before the [2021] elections to facilitate the free
flow of information, public debate, and dialogue.
74. Given the above, the Commission holds that the Victims in this
Communication do not need to be identified; therefore, Article 56(1)of
the Charter has been fully complied with.
75. Article 56 (2) of the Charter requires that Communications are
‘compatible with the Charter of the Organization of African Unity or with
the present Charter. ‘The Commission notes the Complainants’
submissions allege a violation of rights and freedoms enshrined in the
Charter and is submitted against a State Party to the Charter.
76. The Commission had previously adjudged that to satisfy the
requirement of Article 56(2) of the Charter, a Communication submitted
26
See generally, paragraphs 78 to 87 of this Communication.
~ 12 ~
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
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