8
THE COMMISSION'S
ANALYSIS ON ADMISSIBILITY
37.
Admissibility is governed by Article 56 of the Charter which has a criterion for
which every communication ought to comply with. Rule 105 to 107 also regulate the
procedure for communications at admissibility stage.
38.
The preamble to Article 56 provides that "Communications
relating to human and
peoples' rights referred to in article 55 received by the Commission shall be
considered if they:" comply with the requirements elaborated in the sub-sections.
The Commission considers submissions on admissibility and decides based on the
complainant's compliance with sub-articles 1 to 7
s such Rule )05(1) of the 2010
rules provides that once the commission is seized' ,J~tl:ta comniufiication they shall
"request the complainant
to present evidence an't('arguments
cnll,admissibility
within two months." What is clear from this rille, is the sheer necessity of cogent
admissibility arguments as they are the only way by which the Commission may
perform its duty to decide per Rule 107 as read with 106.
39.
In the present case following ;C;~jzure of the, Communication,
the secretariat
requested the complainant
to make submissions on admissibility
within two
th
th
months in terms of Rule 105(1) on the 29 of September 2020.0n the 5 and 6th of
November in 2020 the secretariat received the complainants
submissions
on
admissibility. In those submissions there were no observations on admissibility per
Article 56.
40.
The Secretariat'wrote
to the Complainant on the 9th of November 2020 informing
her that her submissions did not address admissibility and advising her to request
legal assistance from the NGOs with observer status. She was once again reminded
of this in letters dated 20 November 2020; 20 January 2021 and 8 March 2021. Despite
repeated appeals from the secretariat, the complainant
neither sought legal
assistance fro:~' ~-b-e organizations
with observer status nor amended
her
observationsoj
dmissibility. As a consequence, the final submissions which were
subsequently s~nt to' the Secretariat on the 4th of [uly 2021 still did not contain any
arguments on how her case complies with Article 56 of the Charter.
\£"'>"
Article 56
41.
,
,