the Melaku Fenta and others case was dealt with within two weeks thus showing that the
judiciary has no functional independence and that the above scenario was' coordinated
and centrally managed by the government.'
94. The Complainants submit that other similar applications, including the right to be
presumed innocent by the Complainants, have been thrown out by the Ethiopian
Federal Supreme Court and that they have no further opportunity of appeal.
95. The Complainants submit that they have met the requirement of the exhaustion of local
remedies in light of the above facts.
The African Commission's
96.
Analysis on Admissibility
Article 56 of the African Charter sets out seven requirements that a Communication
brought under Article 55 of the African Charter must satisfy in order to be declared
Admissible for consideration by the Commission. Those requirements
apply
conjunctively and cumulatively.w Failure to satisfy anyone
or more of those
requirements renders the Communication inadmissible, unless the Complainant
provides sufficient justifications as to why any of the requirements could not be met."?
97. In the present Communication, the Complainants submit that all the requirements
under Article 56 of the African Charter have been complied with. The Respondent State
on its part however submitted that the Complainants have not satisfied all the
requirements as stipulated under Article 56 of the African Charter and in particular the
exhaustion of local remedies requirement under Article 56(5) thereunder.
98. In light of the general objection from the Respondent State that the Communication does
not comply with the requirement stipulated under Article 56 of the African Charter, it
is therefore necessary to evaluate whether all the requirements on Admissibility have
been satisfied by the Complainants including the requirement to exhaust local remedies
under Article 56(5) thereof.
99. To begin with, Article 56(1) of the African Charter requires that the Communication
should' [iJndicate their authors even if the latter requests anonymity.' This requirement
demands that those submitting Communications must be known to the Commission. In
this regard, the provision allows for the authors' names to be kept anonymous. In this
Communication, the authors requested their details to be kept confidential, which
request was granted. To this extent, this requirement has been satisfied.
100. Article 56(2) of the African Charter
requires that the Communication should be
compatible with the Constitutive Act of the African Union and the African Charter. In
Kevin Mgwaga Gunme et. al. v Cameroon the Commission listed the conditions necessary
for the compatibility, namely the Communication should: be brought against a State
Party to the African Charter; allege a prima facie violations of the African Charter;
brought in respect of violations that occurred after State's ratification of the African
Charter, or where violations began before the State Party ratified the African Charter
have continued even after such ratification.!" Using the above criteria, th~.
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16Rule 106, Rules of Procedure of the Commission, 2010; Communication
304/05 - FIOI-!'
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Others v Senegal
(2006) ACHPR.
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Communication No. 275/2003 - Article 19 vs. Eritrea (2007) ACHPR.
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18 Communication
No. 266/03 - Kevin Mgwaga Gunme et. al. v. Cameroon (2009) ACHPR, pa ~-.r-1. \...'
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