Applicant's Submission
8 6 . The Applicant submits that the Communication filed before it clearly indicates the
authors as CEMIRIDE, MRGI and OPDP, on behalf of the Ogiek Community, and
that their contact details are clearly provided.
87. The Appl icant further submits that it filed the Application before the Cou rt
pursuant to Arti cle 5(1) (a) of the Protocol, which entitles it to do so against
a State which has ratified the Charter and the Protocol. The Rules of
Procedure of the Commission (201 0) provide, inter alia, that it may seise the
Court "on grounds of serious and massive violations of human rights". The
Applicant also argues that seizure of the Court by the Commission may occur
at any stage of the examination of a Communication if the Commission deems
it necessary.
The Court's Assessment
88. The Court reiterates that pursuant to Article 5(1) (a) of the Protocol, the Commission
is the legal entity recognised before this Court as an Applicant and is entitled to bring
this Application. Since the Commission , rather than the original complainants before
the Commission, is the Applicant before this Court, the latter need not concern itself
with the identity of the original complainants before the Commission in determining
the admissibility of the application. Accordingly, the contention that the original
complainants did not disclose the identity of aggrieved members of the Ogieks lacks
merit. Therefore, the original complainants' observer status and whether or not they
were mandated to represent the Ogiek population before the Commission are also
immaterial to the Court's determination of the Applicant's standing to file this
Application before this Court.
89. The Court consequently concludes that the Respondent's objection on this point lacks
merit and is dismissed.
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