:-;,)I,lt ACHPR rm:r.x.'". 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 AfriGan((-, , '~,~~ Unlon~'a!~

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