each condition based on the available information.’ Accordingly, the Commission
undertakes the following analysis on admissibility on the basis of the Complainant's
submissions on Article 56(5), in addition to information provided in the original
Complaint.
38. In relation to the requirement in Article 56(1) of the African Charter, which provides
that Communications should indicate their authors even if the latter requests
anonymity, the Commission notes that the identity and the address of the
Complainant is indicated in the Communication,.and accordingly finds that the
Communication satisfies Article 56(1) of the Afri
39. In accordance with Article 56(2) of the African Harter,
show a prima facie case? and must beompatible wi
the African Charter. In relation to the p resent Cc
nication,
Communication must
titutive Act and
the Commission notes
that it is alleged that Articles 2,3, 4, 5, 6.7, 8, 12, 15, 19, 2
Charter have been violated. These alleged violations fall with
e rationae materiae
jurisdiction of the Commission. Further, the Respondent State is a State Party to the
African Charter, accordingly
the Communication
falls within the rationae personae
jurisdiction of the-Commission. The
since the alleged violations took place
Commission has rationae temporis jurisdiction,
in the petiod from 2012 to 2014, which is well
after the ratification of the Charter by the Respondent State in 1992. Given that the
Communication is not incompatible with either the AU Constitutive Act or the
African. Charter, and.it indicates aprima. facie violation of the African Charter, the
Commission, finds that the Communication
Charter. ©
.
satisfies Article 56(2) of the African
40. Article 56(3) of the ate
Charter provides that Communications shall be considered
if they are not written in disparaging or insulting language directed at the State
concerned and its institutions or to the Organization of African Unity [now African
Union]. In Ilesanmi-v Nigeria the Commission defined disparaging as “to speak
slightingly of... or to belittle” and insulting as “to abuse scornfully or to offend the self
® Communication 304/05 — FIDH and others v Senegal (2006) ACHPR para 38; Communication 338/07 - SocioEconomic Rights and Accountability Project (SERAP) v Nigeria (2010) ACHPR para 43; and Communication 284/03
- Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v Zimbabwe (2009) ACHPR para
81; and Communication 299/05 - Anuak Justice Council v Ethiopia (2006) ACHPR para. 44; Communication 328/06
- Front for the Liberation of the State of Cabinda v Republic of Angola (2013) ACHPR para. 38.
° See Communication 333/06 - Southern Africa Human Rights NGO Network & Others v. Tanzania (2010) A
Para 51