EX.CL/717 (XX) Page 175 contained in the African Charter, in particular, rights guaranteed under Article 2,4,5,6 and 7(1) (d) of the African Charter. The African Commission therefore holds that the requirements under Article 56(2) of the African Charter have been fulfilled. 99. Articled 56(3) of the African Charter states that ‘Communications …received by the Commission shall be considered if they are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organisation of African Unity now African Union (AU). The present Communication is not written in disparaging or insulting language directed at the State, its institutions or the AU, and for these reasons the African Commission holds that the requirement of Article 56(3) of the African Charter has been complied with. 100. Article 56(4) of the African Charter states that ‘Communications relating to human and peoples’ rights… shall be considered if they are not basedexclusively on news disseminated through the mass media’. The Communication is not based exclusively on news disseminated through the mass media and there is evidence to show that the Communication is based on witness statements, a book and several reports of Human Rights Organisations. For these reasons, the African Commission holds that the requirement under Article 56(4) of the African Charter has been fulfilled. 101. . Article 56(5) of the African Charter states that ‘Communications relating to human and peoples’ rights… shall be considered if they: are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged’. With regards to the first victim, the Complainant submits that the Respondent State has to prove that the first victim is still alive and bring him before a competent court of law in order to enable him to be tried in accordance with national and international fair trial standards.80 The Respondent State has not proved that the first victim is alive, and the Complainant argues that there is substantial chance that the first victim has been executed and his execution has completely foreclosed such a remedy. 102. With respect to the second victim, the Complainant submits that he has madeseveral attempts to exhaust local remedies during visits to Mozambique to find out the whereabouts of his father. It is submitted that in his attempt to deal with the whereabouts of his father, the second victim took the following measures: 80 a) Sent a letter to the former President of Mozambique Joaquim Chissano with no response; b) Sent several letters to the current President of Mozambique, Sir Armando Emilio Guebuza on 15 August 2006, 12 September 2006 and 17 November 2006 respectively with no response; c) Sent a letter to Mr Bacre Waly Ndiaye: Special Rapporteur of Extrajudicial, Summary and Arbitrary Executions of the United Nations on 11 March 1996; Communication 250/02 - Liesbeth Zegveld & Mussie Epherm v Eritrea (2003)

Select target paragraph3