6. Be submitted within a reasonable period with effect from the time local remedies
are exhausted or from the date established by the Commission as being the start of
the period of its seizure;
7. Not deal with cases which have been settled either in conformity with the
principles of the Charter of the United Nations, or the Charter of the
Organisation of African Unity or the provisions of the present Charter.”
49. In the present Communication, the Complainant argues that the seven conditions
have been fully met. The Communication provides the identity of its authors who
are representing the Victims: Masumbuko Mwali Anne Marie, Chibalonza Balone
Coco, Kamwanya Beya Rose, Fono Onokoko Péguy, Nabintu Marcelline, Atandjo
Otshudi Charlotte, Congolese citizens represented by Lawyers Kathy Byenda
Karubara and Sylvie Diulu Tshiongo, in accordance with Article 56(1).
50. The Complainant submits that paragraph 2 of Article 56 of the Charter has also
been respected in the Complaint which alleges the violation of the provisions of
the Charter (Articles 5, 7 and 14) by a State Party (the DRC).
51. Concerning paragraphs (3) and (4) of Article 56 of the Charter, the Complainant
avers that the Complaint is not written in disparaging or insulting language
against the State being challenged, its institutions or the African Union, and is not
based on news disseminated through the mass media since the information
provided constitutes concrete facts provided by the Victims.
52. The Complainant also argues that in accordance with Article 56 (5), local remedies
were exhausted under the provisions of Article 5 of the Decree establishing the
Military Court, which stipulates that its decisions cannot be appealed, nor set aside,
and that the Communication was brought before the African Commission within a
reasonable timeframe (Article 56(6)).
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