87. In this case, the Complainant was able to sufficiently demonstrate, with supporting
evidence, that the Complaint was first submitted with a request for Provisional
Measures, on 5 October 2011, whilethe Victim was still in detention and the alleged
violations were ongoing, having realized that no local remedies were available to
stop the alleged violations. The African Commission notes particularly that the
Complaint indicated that a lawyer's network in Khartoum had applied on 14 July
2011 before the Prosecutor for Detainees of Security Service to gain access to the
Victim, but the application was ignored, and that on 14 August 2011, the Victim
was re-arrested by the NSS despite his release by the Office of Crimes against the
State Prosecutor. The Complaint was submitted shortly thereafter.
88. As the African Commission has already confirmed above that the Communication
is exempted from the requirement of exhaustion of domestic remedies, it is
considered that the filing of the Communication whilst the Victim was in detention
and upon realization of unavailability of local remedies, was within "a reasonable
period", in satisfaction of Article 56(6) of the African Charter.
89. Finally, Article 56(7) of the African Charter states that "Communications
received by the Commission shall be considered if they... do not
deal with cases which have been settled by those States involved 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." This
requirement would apply if the matter in contention, which must relate to the same
facts and parties, has been "settled" - that is, it must no longer be under
consideration under an international dispute-settlement procedure. 68 Also, the prior
settlement of the matter must have been by a body "capable of granting declaratory
or compensatory relief to victims, not mere political resolutions and declarations"69 ;
that is, "an international adjudication mechanism, with a human rights mandate".7°
90. In relation to this requirement, the African Commission does not find any evidence
that the issues and claims in the Communication have been settled by any other
international forum. Accordingly, the African Commission finds that Article 56(7) of
the African Charter has been satisfied.
91 . For these reasons, the African Commission declares this Communication
Admissible.
C. Merits
I.
The Complainant's submission on the Merits