Nixon Nyikadzino v Zimbabwe
that the Commission may wish to look to the practice of the Inter-American Commission
on Human Rights in deciding what period of time is "reasonable". The Complainant
avers that as per its Rules of Procedure, the Inter-American Commission considers the
date of the alleged violation and the circumstances of each case. 18 The Complainant
submits that the alleged violation occurred on 14 April 2006, and the Communication
was submitted to the Commission on 3 May 2007. The Complainant contends that
particularly in light of the Victim's forced exile, this is a reasonable period of time.
46. The Complainant argues that in accordance with Article 56(7), the Communication does
not deal with any case or cases that have been settled between the Complainant and the
Government of Zimbabwe in accordance with the principles of the UN Charter, the
Charter of the Organization of African Unity (now the Constitutive Act of the African
Union), or the African Charter.
47. In conclusion, the Complainant submits that the Communication presents a prima facie
case of violations of the Charter, and their submission demonstrates that the
Communication meets the requirements of Article 56. Accordingly, the Complainant
requests the African Commission to accept its arguments on Admissibility and to move
forward to consider the merits of the case.
Respondent State's Submission on Admissibility
48. The Respondent State submits that the Communication is not compatible with Articles
56(2), (5) and (6) of the Charter.
49. With regards to Article 56(2) the Respondent State submits that compatibility with the
Charter or the Constitutive Act of the African Union entails that any communication so
filed should prove a prima facie case of violation of specified Article, failing which there
can be no communication before the African Commission.
18
Art. 32(2) of the Rules of Procedure of the Inter-American Commission on Human Rights
12
11 th Extraordinary Session of the ACHPR
I Page