304/05 FIDH, Organisation nationale des droits de l'Homme (ONDH) and Rencontre africaine pour la défence des droits de l'Homme (RADDHO) / Senegal Summary of Facts 1. The Secretariat of the African Commission received a communication on 2nd May 2005 from the above NGOs, which was submitted in accordance with the provisions of Article 55 of the African Charter on Human and Peoples' Rights (the African Charter). 2. The communication is submitted against the Republic of Senegal (State Party1 to the African Charter and hereinafter referred to as Senegal) and alleges that legislation enacted by the Government of Senegal violates the Government's obligations under the African Charter. 3. On 7th January 2005, the Senegalese Parliament adopted the "Ezzan" law. In Article 1, this law grants a complete amnesty for all crimes committed, in Senegal and abroad, relating to the general or local elections or committed with political motivations between 1st January 1983 and 31st December 2004, whether the authors have been judged or not. 4. Article 2 of the law was found unconstitutional by the Constitutional Court on 12th February 2005 and grants a similar amnesty for all crimes committed in relation to the death of Mr Babacar Seye, judge of the Constitutional Court. Complaint 5. The communication alleges that the adoption of the Ezzan law violates Article 7(1)(a)) of the African Charter. 6. The Complainants request that the African Commission examine the effects of this legislation and determine whether it is in conformity with the obligations assumed by the State under the [African] Charter. Procedure 7. The Secretariat registered the complaint as communication 304/05-FIDH, Organisation nationale des droits de l'Homme (ONDH) and Rencontre africaine pour la défense des droits de l'Homme (RADDHO)/Senegal. By letter ACHPR/COMM/304/05/SEN/IH of 4th October 2005, the Secretariat of the African Commission acknowledged receipt of the communication to the complainants and stated that it would be put on the African Commission's agenda for prima facie consideration at its 38th Ordinary Session, scheduled from 21st November to 5th December 2005 in Banjul, The Gambia. 8. At its 38th Ordinary Session held from 21st November to 5th December 2005, in Banjul, The Gambia, the African Commission considered the communication and decided to be seized thereof. 9. By letter ACHPR/COMM/304/05/SEN/IH of 15th December 2005, the [African] Commission kindly asked the parties if they could forward their arguments on admissibility in accordance with Article 56 of the African Charter within three (3) months from the date of this notification. 10. By letter ACHPR/COMM/304/05/SEN/IH of April 4th the Secretariat of the [African] Commission reminded the parties its letter of the 15th of December and kindly asked the parties to submit their arguments on the admissibility. 11. On the 10th April 2006, the Secretariat acknowledged receipt of the Respondent State's correspondence transmitting its arguments on admissibility of communication 304/05 FIDH et al. against the State of Senegal. 12. At its 39th Ordinary Session which was held from 11th to 25th May 2006 in Banjul, The Gambia, the African Commission considered communication 304/05 FIDH and others against the State of Senegal and intended to take a decision on the admissibility of the complaint at its 40th Ordinary Session so as to allow the Complainants time to submit their comments on admissibility. 13. By letter dated 17th July 2006, the Secretariat of the [African] Commission informed the parties of this decision of the 39th Session and requested the Complainants to convey their comments on the admissibility of this communication not later than the 30th September 2006, to enable the commission make a 1