the 31 August elections for the National Assembly. The Constitutional Court adopted its Decision No.
197/2012 to disqualify the Popular Party from appearing on the ballot on 31 August. The Victim and the
Popular Party appealed this decision before the filing deadline of 3 July 2012. On 5 July 2012, the
Constitutional Court rejected the appeal in a detailed opinion (Decision 222/2012) which found the
appellant's arguments to be without merit.
11. The Complainant concludes that the Popular Party's exclusion from the ballot for the 31 August 2012
National Assembly elections confirms that the Respondent State has excluded the Victim and his party
from direct participation as candidates enrolled on the ballot in the 2012 National Assembly elections in
Angola.
Articles alleged to have been violated
12. The Complainant submits that the Victim's rights under Articles 1, 4, 6, 9, 10, 11, 12, 13 and 21(2) of
the African Charter have been violated by the Respondent State.
Prayers
13. The Complainant requests the Commission to issue Provisional Measures directing the Respondent
State to:
1. Immediately refrain from any actions, measures or threats to the life and personal security of the
Victim and his family.
2. Investigate the death threats and other attacks on the life and personal security of the Victim and his
family.
3. Allow the Victim to exercise his right to participate as a candidate in the forthcoming election, and
provide equitable access to state controlled media during the campaign period as required by the
African Charter, the Angolan Constitution, in line with Article 17
× State Parties re-affirm their commitment to regularly holding transparent, free and fair elections in
accordance with the Union's Declaration on the Principles Governing Democratic Elections in Africa.
To this end, State Parties shall: 1. Establish and strengthen independent and impartial national
electoral bodies responsible for the management of elections. 2. Establish and strengthen national
mechanisms that redress election related disputes in a timely manner. 3. Ensure fair and equitable
access by contesting parties and candidates to state controlled media during elections. 4. Ensure
that there is a binding code of conduct governing legally recognized political stakeholders,
government and other political actors prior, during and after elections. The code shall include a
commitment by political stakeholders to accept the results of the election or challenge them in
through exclusively legal channels.
of the African Charter on Democracy, Elections and Governance.
4. Enable the Victim to collect the signatures in all the provinces therein, by guaranteeing his safety
and by providing the necessary protection for him to travel freely to the provinces so as to obtain the
required number of signatures.
5. Extend the deadline for submission of signatures, so as to compensate for the lost time caused to
the Victim while he was being persecuted by the Respondent State, and which has consequently
jeopardized his election campaign.
Procedure
14. The Communication was received at the Secretariat on 21 April 2012, and registered as
Communication 413/12 - David Mendes (represented by the Centre for Human Rights, University of
Pretoria) v Angola.
15. The Commission at its 51st Ordinary Session which took place from 18 April to 2 May 2012 in Banjul,
The Gambia, considered the above-mentioned Communication and decided to be seized of it.
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