Communication. Any interested individual can bring a Communication on
behalf of a victim and such individuals need not be citizens of States Parties to
the African Charter. The fact that Mr. Brain Spilg SC is a national of another
country is immaterial. As long as he satisfies the conditions set out in Article 56
of
the
African
Charter,
the
African
Commission
will
entertain
the
Communication as it has done, in several other cases where Communications
have
been
instituted
by
non-nationals
of
States
against
whom
the
AC
HP
R
Communication is being instituted.17
84.
The African Commission is therefore unable to agree with the Respondent
State‟s argument which seems to infer that citizenship of the authors of the
Communication is a criterion within the provision of Article 56(1) of the African
Charter. This would not only be tantamount to reading new criteria into the
provision, but would also restrict the open-ended spirit found therein.
Consequently, the Respondents State‟s argument that the Communication is now
without an author to pursue it as a result of Kobedi‟s execution is also
unsustainable as the present Communication is properly before the African
Commission in terms of Article 56(1) of the African Charter.
The African Commission hereby concludes that the Complainants in this
85.
matter possess locus standi before it, and will however proceed to examine the
Communication in view of the other Admissibility requirements.
The Law on Admissibility
Complainants’ Submissions on Admissibility
17
Foot note 9 above.
19