30. With regards to Article 56(7), the Complainant submits the following: "I declare and
confirm that the complaint is only being forwarded before the African Commission
on Human and Peoples' Rights, and it has never been forwarded to any other
international" institution.
The Commission's
Analysis on Admissibility
31. Article 56 of the African Charter sets out seven requirements that a Communication
brought under Article 55 of the African Charter must satisfy in order to be admissible,
and which apply conjunctively and cumulatively.>
32. The Commission notes that the Complainants submitted a Letter which set out the
arguments on the admissibility of the Communication, and further indicated that" the
arguments and evidence of the complaint were in the complaint."
33. Accordingly, the Commission undertakes the following analysis on admissibility on
the basis of the Complainant's letter transmitted on 19 November 2016, in addition to
other information provided by the Complainants.
34. The Commission also notes that the Respondent State was requested to submit its
arguments and evidence on admissibility in accordance with Rule 105(2), and the
deadline for this submission lapsed on 12 May 2018. The Commission notes however
that to date the Respondent State has not transmitted its submissions on the
admissibility of the Communication. In such cases the Commission is guided by its
jurisprudence, stating that in the absence of a response from the Respondent State, the
Commission must decide on the facts provided by the Complainant.f
35. Article 56(1) of the African Charter provides that Communications should indicate
their authors even if the latter requests anonymity. In the present Communication, the
Commission notes that the identity and the address of the Complainants are indicated
in the Communication, and accordingly finds that the Communication satisfies
Article 56(1) of the African Charter.
36. In accordance with Article 56(2) of the African Charter, the Commission notes that the
Communication reveals prima facie violations of the African Charter by a State Party,
and is not incompatible with both the AU Constitutive Act and the African Charter.
Accordingly the Commission finds that the Communication
has satisfied the
requirement under Article 56(2) of the African Charter.
5 See Communication
6
304/2005: FIDH & Others v. Senegal (2006) ACHPR, para 38.
See Communication 25/89, 47/90, 56/91, 100/93 (1995) ACHPR, para 40. See also Communication
Communication 159/1996, Communication 276/03 and Communication 292/0,4<:::5:~'~::;'~",
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60/91,