detention, as well as medical reports in support of the injuries allegedly
sustained.
56. Contrary to the Respondent State‟s contention, the Complainant explains
the violations committed against the Victim in paragraphs 2 to 10 of his
allegations above, which lead to the conclusion that the Victim‟s rights
under Articles 4, 5, 6, 7(b) and 14 of the African Charter have been
violated by the Respondent State.
57. The African Commission noted in Southern Africa Human Rights NGO
Network and Others v Tanzania, that, “The primary consideration of the
Commission under Article 56(2) is whether there has been prima facie violation of
rights provided by the African Charter.”8 Thus, looking at the submissions of
both parties, albeit the Respondent State‟s argument that the allegations
made by the Complainant are vague and inconsistent, the African
Commission opines that these allegations establish a prima facie case. This
is because on the face of it, they reveal violations guaranteed by the
African Charter, and consequently fall within the rationae materiae of the
African Commission.
58. The African Commission therefore holds that Article 56(2) of the African
Charter has been complied with by the Complainant.
59. The second issue of contention in this Communication is the requirement
under Article 56(5) of the African Charter. This Article provides that
Communications should be “Sent after exhausting local remedies, if any,
unless it is obvious that this procedure is unduly prolonged.”
Communication 33/06- Southern Africa Human Rights NGO Network and Others v Tanzania
(2008) ACHPR para 51
8
15