States who do decide to engage. Finally, given that the submissions of States are
not allowed in all cases, but only in cases where the Commission had not yet
proceeded to make a determination on the facts before it, following the deadline
for the submission, the Commission views the benefit of allowing the
submissions in such a case as outweighing the potential harm.
38. For these reasons, the Commission decided to dismiss the preliminary objection
and admit the admissibility submissions of the Respondent State.
Admissibility
The Complainant's Submissions on Admissibility
39. The Complainant submits that the Communication meets all the cumulative
criteria of admissibility as set out in Article 56 of the African Charter, and
therefor requests the Commission to declare the Communication admissible.
40. On Article 56(1) the Complainant submits that the authors of the
Communication have been identified, being the organisations authorised to act
as legal representatives of the Complainant, as set out in paragraph 1 above. The
Complainant further submits that an address had been provided for
correspondence with the authors. In addition, the Complainant himself, Mr
Hassan Ishag Ahmed has also been identified and is not requesting that his
identity be withheld from the Respondent State. He submits that thus Article
56(1) has been met.
41. On Article 56(2), the Complainant submits that the Communication is
compatible with the Charter, citing previous decisions of the Commission
setting out the three criteria for this requirement as being that the
Communication must be brought against a State Party to the Charter by
someone who is competent to do so, that the violation complained of should
have occurred or continued after ratification of the Charter by the State and that
the Communication must allege prima facie violations of rights protected in the
Charter.
42. In response to the first requirement, the Complainant submits that he is a
national of the Respondent State, and that the Respondent State is a State Party
to the Charter, and that therefore the Complaint was brought by someone who
was competent to do so. Secondly, the Complainant submits that the violations
took place during 2014, which is after the date of ratification by the Respondent
State on 18 February 1986. Finally, the Complainant submits that the
that "one is presumed
Commission in respect of prima fade violations has h
to have presented a prima facie case [... ] w
"' ~u!f~~ts; • resented in the
Complaint show that a human rights viol £ ..,,~ ~ETA~~el{ ~ -o curred". The
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