examine the Communication if it deems it appropriate. The
Commission hereby alludes to the practice of other similar bodies such
as the Inter-American Commission on Human Rights.8 In this respect,
the Commission notes that while there is no provision to this effect in
its current rules of procedure, there is also nothing therein precluding
it from adopting this progressive approach to the protection of human
rights.
71. Accordingly, the African Commission hereby joins the IHRDA as coauthor to the present Communication, in line with its widely espoused
actio popularis principle, as an organisation with an interest in the
protection and promotion of human rights in Africa under the actio popularis
principle. The Communication will henceforth be cited as Haregewoin
Gebresellaise and Institute for Human Rights & Development in Africa/
Federal Democratic Republic of Ethiopia.
The Law on Admissibility
Respondent State’s Submissions on Admissibility
72. The Respondent State‟s submissions on admissibility are divided into
two parts. In Part One, the Respondent State provides a background of
the conflict in Ethiopia that led to the overthrow of the Dergue Regime
in 1991. The State notes the alleged gross human rights violations that
were perpetrated by the said regime and notes further that domestic
mechanisms were put in place to prosecute perpetrators of gross
human rights violations. These mechanisms, according to the
Respondent State, includes the Special Prosecutor Office set up in 1992
to, among other things, establish a historical record of human rights
violations under the Mengistu regime; and to bring officials, members
and auxiliaries of the armed and security forces of the Dergue regime
who participated in the commission of serious human rights violations
to justice.
73. The Respondent State also notes that it has an independent judiciary
dealing with the cases of the officials and insists that most of the cases
have been disposed of and some people have been tried, some set free,
others have been convicted while some are still being tried.
74. In Part Two of its submission, the Respondent State addresses itself to
the question of Admissibility and argues that the Communication
should be declared Inadmissible for the following reasons: that the
Complainant failed to comply with the burden and standard of proof;
8
Article 35 of the Rules of Procedure of the Inter-American Commission on Human Rights;
http://www.cidh.org/Basicos/basic16.htm (accessed on 25/10/06).
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