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African Commission on
Human and Peoples' Rights
Human nights OUf
Collective Responsibility
b. Compatibility with the African Charter and AU Constitutive Act (Article
56(2))
39. Article 56(2) of the African Charter provides that a 'Communication should be
compatible with the African Charter and the Constitutive Act of the African
Union'. Compatibility requires that the alleged violations must be submitted by a
person competent to do so against a State Party to the African Charter (ratione
personae); relating to rights guaranteed by the African Charter (ratione materiae);
that occurred at a time when the African Charter was operational in the State Party
(ratione temporis); and within the territory of the said State (ratio loci)12.
40. From its reading, the Commission considers that the present Complaint reveals
prima facie violations of specific adumbrated provisions of the African Charter
occurring within the territorial sphere of the State of Eritrea, a State Party to the
Charter, at a time when the African Charter was operational in the State.
Accordingly, the Commission considers that the present Communication complies
with Article 56(2) of the African Charter.
' ,
c. Disparaging or insulting language (Article 56 (3) of the African Charter
41. In accordance with Article 56(3) of the African Charter, the Commission considers
that this Communication is not written in a disparaging nor insulting language.
d. News disseminated through mass media (Article 56(4)) of the African
Charter
42. On Article 56(4) of the African Charter, the Commission considers that the
allegations proffered herein are based on an affidavit from the First Complainant,
a nephew of the Victim, as well various reports and case judgments. Accordingly,
the Complainants have not relied exclusively on media sources and are thus in
compliance with Article 56(4) of the African Charter.
e. Exhaustion of domestic remedies (Article 56(5)) of the African Charter
12
Communication 335/06- Dabaloriohuuia Patriotic Front v, the Republic of South J¥
An Org~1) of the
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