EX.CL/717 (XX) Page 174 93. Another issue that must be taken into account is the doctrine of instantaneous act, which should be distinguished from continuous violations. In case of a continuing act, the violation occurs and continues over a period of time until the violation ceases. In case of an instantaneous act, the violation itself does not continue over time, although the completion of such an act might take some time. This definition of continuous violations can be applied to acts of disappearances, which can be qualified as a violation that occurs and continues over time, until it ceases, that is, until the missing person is no longer disappeared. Nigel Rodley, the United Nations Special Rapporteur on Torture at the time until 2001, pointed out that: "[…] the idea of 'disappearances' constituting a continuing offence is logical, since non-acknowledgement of the detention and nondisclosure of the fate or whereabouts of detained persons are key elements in the offence itself."79 94. In the present Communication, the Respondent State has not proved the whereabouts of first victim and neither has it demonstrated efforts made to investigate his whereabouts. The African Commission is of the view that the forced disappearance of the first victim constitutes a continuing violation of his human rights and for these reasons holds that it is competent ratione temporis to examine the matter. The African Commission’s Analysis on Admissibility 95. Having established that the African Commission is competent ratione temporis to entertain the Communication before it, the African Commission will now proceed to analyze Admissibility of the Communication. 96. The Admissibility of Communications within the African Commission is governed by the requirements of Article 56 of the African Charter. This Article provides seven requirements that must be met before the African Commission can declare a Communication Admissible. If one of the conditions/requirements is not met, the African Commission will declare the Communication Inadmissible, unless the Complainant provides sufficient justifications why any of the requirements could not be met. 97. Article 56(1) of the African Charter states that ‘Communications relating to Human and Peoples’ Rights…received by the Commission shall be considered if they indicate their authors even if the latter request anonymity…’ The Communication indicates the author as well as the victims of the alleged violations, and the African Commission therefore holds that the requirement under Article 56(1) of the African Charter is fulfilled. 98. Article 56(2) of the African Charter states that ‘Communications…received by the Commission shall be considered if they are compatible with the Charter of the Organisation of African Unity or with the present Charter.’ The Communication is brought against the Republic of Mozambique which became a party to the African Charter on 22 February 1989 and the Communication alleges violations of the rights 79 "An Analysis of International Instruments on 'Disappearance", Nunca Más, in Human Rights Quarterly, vol.19, 1997, p. 389.

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