the Muslim Brotherhood, which has been classified as a terrorist organization by the
North Cairo Criminal Court, the Complainant submits that the Freedom and Justice Party
itself
is
not a
terrorist
Respondent State
has
organization.
classified
the
In
addition,
Muslim
the
Complainant
Brotherhood
as
a
submits
that the
terrorist organization
despite it being the country's largest opposition movement, according to a report by
Human Rights Watch.
56.
The
Complainant
persecuting
all
submits
those
Brotherhood, and
that
the
considered
to
Respondent
be
State
dissidents
is
deliberately
and/or
members
targeting
of
the
and
Muslim
that their remarks in this regard is not relevant for the purpose of
establishing the admissibility of this Communication. The Complainant states that the
African Charter in Article 56 provides
that 'Communications relating to human and
peoples' rights referred to in Article 55 received oy the Commission, s
all be considered'
if it meets the admissibility criteria.
57. In relation to the admissibility criteria, the Complainant submits
at both the African
Charter and the Rules of Procedure are silent as to who may submit a Communication.
In this regard they state that Article 56 (1) only requires a Communication to indicate its
author, but does not state who the author may be. In addition, the Complainant refers the
Commission to its submission on Article 56 (1) in paragrap
33 above, in which it states
that there is nothing in the Charter to limit the definition of Complainant to persons who
are victims of the alleged violations and'refers to jurisprudence of the Commission which
held the Complainant need not be a national of a State Party to the Charter to submit a
Communication.
58. In relation to the third challenge by the State that political parties are not included in the
Rules of the Procedure of the Commission under Rule 63 (1) which lists the institutions
which may request for a matter to be included in the agenda of the Ordinary Session of
the Commission, the Complainant submits that the Respondent State has misunderstood
the Commission's Rules of Procedure. The Complainant states that this rule refers to the
ability
of State Parties
or
other
specific
organizations
to
request
the
Commission
to
discuss a human rights issues as part of its Provisional Agenda at an Ordinary Session of
the Commission, in accordance with Rule 32 (2). In contrast, the Complainant submits
that it had requested the Commission to adopt provisional measures in accordance with
Rule 98 of the Rules of Procedure. The Complainant submits that under Rule 98, the
Commission can adopt provisional measures on its own initiative or at the request of a
Party to the Communication and thus there is nothing which prevents the Commissi
from issuing provisional measures irrespective of the Complainant's Communica
-�
0'10,;--"
�;;;,'..�
''.�
"
�
\\
,
��)
-·��-
�l
\
\i
\\
l�l
't
'"',:r,.
,f '/
�u-U�
-v
�
"'
� "-0N.r,�-e.ict..·f'�
'];y
·
j
«.f.7
' � fl : �