57. Considering all the above, the Complainant claims that the Communication was
submitted within a reasonable time since the original Communication was
submitted on 05 October 2011 .
58. Finally on Article 56(7) of the African Charter, the Complainant submits that this
matter has not been submitted to any other procedure of international investigation
or settlement and has therefore 'not been settled in accordance with the principles
of the Charter of the United Nations, or the Charter of the Organisation of African
Unity, or the provisions of the present Charter'.
59. Based on the above submissions, the Complainant contends that the
Communication meets all the cumulative Admissibility criteria under Article 56 of
the African Charter and urged the African Commission to find the Communication
Admissible.
B.
Respondent State's Submissions on Admissibility
60. The African Commission notes that while the Complainant provided arguments on
the Admissibility of the Complaint, the Respondent State did not provide any
arguments, within the stipulated deadline which expired on 26 July 2016, and
despite the notifications and reminders sent by the Secretariat of the
Commission.32
IV.
The African Commission's Analysis on Admissibility
61 . Article 56( 1)-(7) of the African Charter sets out seven requirements that a
Communication brought under Article 55 of the African Charter must satisfy to be
admissible for consideration by the Commission. Those requirements apply
conjunctively and cumulatively, and failure to satisfy any one or more of those
requirements renders the Communication inadmissible, 33 unless the Complainant
provides sufficient justifications on why any of the requirements could not be met.
62. The Complainant proffers arguments that the present Communication satisfies all
the requirements for Admissibility in Article 56 of the African Charter.
63. The Respondent State has not made any submission on Admissibility despite
repeated requests addressed to it in that regard.34 In the present circumstances,
the African Commission will have no option but to proceed to its analysis and
determination of the Admissibility of the Communication based on the information
at its disposal, in accordance with its practice and jurisprudence. 35