Human Rights our
Collective Responsibility
Charter he contends that prima facie, his Complaint compels any reasonable person
or body to conclude that his human rights have been violated, and coupled with
the other elements, the Complaint fulfills the ratione materiae, ratione personae,
ratione temporis and ratione loci requirements. He accordingly reiterates his
prayer that the Communication should be declared admissible.
Analysis of the Commission
63. The Commission notes that the Complainant did not expressly address
admissibility in what was supposed to be his initial admissibility submissions
received at the Secretariat on 18 December 2012. In every aspect the submissions
of that date address the merits of the Communication. Indeed the Complainant
expressly states that the submissions are meant "to show that the Respondent
[State] has violated Article 3 . . . 7 . . . and 26 . . . of the Charter". It is only in retrospect
that the Complainant addresses admissibility for the first time in his reply
(paragraph 55 above).
64. It is pertinent to remark that a reply under Rule 105(3) of the Commission's Rules of
Procedure normally marks the close of written submissions. In this regard a reply
is not supposed to address new points for the first time. I t is therefore apposite that
Complainants must address all the admissibility requirements in their initial
submissions, so that the Respondent State's observations are as comprehensive as
it elects, and Complainant's replies are in turn focused on the State's observations.
In the present case the Complainant addresses admissibility in his reply. The
Commission considers that this was purely out of unfamiliarity with the procedure
before the Commission as the Complainant indeed indicated as early as in his
seizure letter in which he specifically requested for directions. This request was
regrettably not specifically addressed. In the circumstances it became necessary for
the reply to be transmitted to the Respondent State for its further observations (see
paragraph 43 above). The Respondent State did not file any further observations.
65. Further, the Commission has noticed that the Senior Puisne Judge (SPJ) who later
became the Chief Justice (CJ) at the time of the impugned events and whose acts
and decisions form substantial parts of the Complaint is a member of this
Commission. He is also a national of the Respondent State. The Commission would
like to put it on record that the member in question has at no point and · O" "'4
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