present decision in accordance with Rule 112(2) of the Rules of Procedure of the Commission 2010. The Commissions sees no reason whatsoever why it should depart from this decision or let alone over-rule it. 278. The Commission will now deal with the prayer that the Commission should draw the attention of the Assembly of Heads of State and Government of the African Union (AU) to the situation in accordance with Article 58 of the African Charter. 279. A perusal of the Complainants' and Respondent State's submission and indeed the Amicus Curiae submissions will reveal that no effort was spared to canvass submissions or arguments for or against the prayer to draw the attention of the Heads of State in accordance with Article 58 of the African Charter. In the circumstances and more so that the Complainants have made no submissions, in this regard, the Commission deems that this prayer has been abandoned. 280. Be the immediate foregoing matters as they may be, the Commission wishes to point out that on the material before the Commission there is no iota of evidence which shows or tends to show that the conditions required under Article 58 of the African Charter are there in this Communication for consideration by the Commission. 281. Article 58 of the African Charter provides that: 1. When it appears after deliberations of the Commission that one or more Communications app(lrently relate to special cases tohicn reoeal the existence of a series of serious or massive violations of human and peoples' rights, the Commission shall draw the attention of the Assembly of Heads a/Slate and Government to these special cases. 2. The Assembly of Heads of State and Government may then request the Commission to undertake a71in-depth study of these cases and make a factual report, accompanied by its finding and recommendations. 3. A case ofemergency duly noticed by the Commission shall be submitted by the Zatter to the Chairman of the Assembly of Heads of State and Government who may request an in-depth study. 282. From Article 58 of the African Charter, it is clear that this provision comes alive if a communication relates to a special case which reveals the existence of a series of serious or massive violations of human and people's rights. In casu however no such revelation has been made in the materials availed to the Commission by the Complainants. In circumstances the Commission is of the considered view that this is not a proper case in which to caU in aid the provisions of Article 58 of the African Charter as inter alia prayed by the Complainants. Decision of the Commission on the merits 283.For the foregoing reasons, the Commission: ~ '" ~ 1. finds that the Respondent State violated Articles 6, 7, 8, 9, African Charter. 11. Does not find a violation of Articles 4 and 5 of the African C i' ~ ') (-:"\ (,,-,.1 p·r ".... ~ \;. <land11 of the 0", ~ ~t. • , J?.()", •• t>.u-UII> \,\1,: Q- Us '--- ~ s» ,\- / "'IY ... 10....4~"RIC",tlVJ:Ll,§'" // O.\fMI' (1 {"'<' ~~"