29.
The Respondent State failed to provide any arguments or evidence, despite being
notified of such requests. As a result, in line with its established jurisprudence, the
Commission will proceed with its analysis based on the information presented by
the Complainant and its examination, ultimately rendering a decision by default.
30.
Analysis of the African Commission
31.
In accordance with Article 56 of the African Charter, a Communication must meet
die seven admissibility requirements outlined in the Article, before it can be
considered by the Commission as admissible. The Commission emphasizes in its
jurisprudence that these conditions listed in Article 56 are cumulative and must all
be satisfactorily fulfilled, for a communication submitted in accordance with Article
55 to be considered admissible.
32.
The Commission will deliberate on the Complaint, considering the aforementioned
requirements and the available information. It is important to note that the
Complainant did not explicitly address each requirement individually. Therefore,
the Commission will evaluate whether the complaint satisfies the requirements by
considering the various submissions.
Article 56(1)
33.
Article 56(1) of the African Charter provides that Communications must indicate
their authors, even when the latter requests anonymity. As was held by the
Commission in Spilg and Mack 6* DITSHWANELO (on behalf of Lehlolionolo Bernard
Kobedi) vs. the Republic of Botswana case, this requirement enables the Commission to
effectively process communications by ensuring a sustained interest in the subject
matter under its jurisdiction.' In the present case, the Communication is brought by
Abdulrashid Abshir Warsaw, (the Victim), on his behalf. The Complainant, Mr.
Warsame, has indicated his name in the communication and did not request
anonymity. Hence, the Commission notes that the Communication duly complies
with Article 56(1) of the African Charter.
Article 56(2)
34.
Pursuant to Article 56(2) of the African Charter, a Communication must align with
the Charter of the Organization of African Unity and the African Charter. Regarding
the compatibility of the Communication with the Constitutive Act of the African
Union, the Commission acknowledges that the Complainant has claimed violations
of human rights guaranteed by the African Charter, which explicitly includes the
protection of these rights as one of its objectives under Article
cRETAn
!Communication 277/2003, Spilg and Mack & DITSHWANELO (on behalf of Lehlohon
Botswana (ACHPR) para 97.
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