unreasonable and there is therefore no compelling reason why the Communication
meets the requirement under Article 56(6)",17
54. Similarly, considering that the Complainants had concluded that there was no
opportunity for justice in the Respondent State, and in the absence of a compelling
reason to justify the delay in approaching the Commission in June 2015, or shortly
thereafter, the Commission accordingly finds that the requirements of Article 56(6) of
the African Charter have not been satisfied.
55. Article 56(7) of the African Charter provides that the Commission shall consider
Communications which "do not deal with cases which have been settled by these
States involved in accordance with the principles of the Charter of the United Nations,
or the Charter of the Organization of African Unity or the provisions of the present
Charter."
56. In relation to Article 56(7) of the Charter, the Complainants stated the following: "I
declare and confirm that the complaint is only being forwarded before the African
Commission on Human and Peoples' Rights, and it has never been forwarded to any
other international" institution.
57. The Commission however notes that the Complainants submitted a document titled,
"Opinions adopted by the Working Group on Arbitrary Detention at its sixty-eight
session, 13-22 November 2013,"18 which the Complainants
referenced as a
"Communication addressed to the Government; among these is the enforced
disappearance of the victim."19
58. The Commission observes that this document indicates: "Communications addressed
to the Government on 07 August 2013"; and that the Respondent State in question is
the Arab Republic of Egypt, and one of the listed victims (Dr. Essam Al-Haddad) is
the same one presented in this Communication before the Commission.w
Furthermore, the case before the Working Group relates to the arbitrary detention of
Dr. Morsi and his advisers, representing similar facts as in the present
Communication before the Commission.
59. In Sudan Human Rights Organization & Centre on Housing Rights and Evictions
(COHRE) v. Sudan, the Commission held that, "a matter shall be considered settled
within the context of Article 56(7) of the African Charter, if it was settled by any of the
UN human rights treaty bodies or any other international adjudication mechanism,
17
Communication
para 45
414112: Lawyers
for Human
Rights (Swaziland)
13/, December 2013
Annex to Letter from the Complainant,
submitted
20 Supra note 18, paragraph
6
v. The Kingdom
18 A/HRC/WGAD/20
19
on 19 December
201 p .~\:,:::~:;
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10
of Swaziland
(2015) ACHPR,