{""r,, ACHPR
� · African Commission on
Human and Peoples' Rights
au:no · �
Human Rights our
Collective Responsibility
Assistance Group, Lawyers 1 Committee for Human Rights, Union Interafricaine des
Droits de l 1 Homme, Les Temoins de Jehovah v. DRC. 20 This principle will be followed
in the present communication .
1 13. It is understood that the facts as alleged by the Complainant are not the only
consideration in determining the case. Not only they will be assessed for their own
merits, which must be supported by convincing evidence, but also they will be
wighted against Charter provisions and other applicable norms. As further refined
in Uwimana-Nkusi & saidati Mukakibibi (represented by Media Legal Defence Initiative)
v. Rwanda " the Commission must give due weight to the Complainant's allegations
insofar as these have been adequately substantiated".21 In order words, the
Commission will make its mind on the sole basis of the information availed to it.
Commission's analysis of the merits
114. From the outset, the Commission wishes to make it clear that it is not mandated
and does not concern itself with the interpretation of domestic law. Its mandate is
limited to determining whether a specific legislation, decision or conduct violates
any of the rights enshrined in the African Charter on Human and Peoples' Rights.
115. Likewise, should a violation of any provision of the Charter be found on the
basis of an analysis of the facts against the provisions of the said Charter, the
Commission shall not endeavour to weigh arguments or the new evidence that the
Complainant seeks to adduce before the Supreme Court and Judicial Committee
in order to request a review of his conviction and ensuing disciplinary measures,
which are the exact matters for domestic courts to determine. The analysis of the
Commission will limit itself to determining whether the refusal by the Supreme
Court and the JCPC to grant leave to appeal and entertain a matter brought before
them by an individual in the circumstances of the Complainant acting on their own
behalf, without the assistance of an attorney, is a violation of the provisions of the
African Charter or otherwise.
2° Communications 25/89- 47/90- 56/91- 100/93 Free Legal Assistance Group, Lawyers' Committee for Human
Rights, Union Interafricaine des Droits de !'Homme, Les Temoins de Jehovah v. DRC (2017) ACHPR, aras. 40. See
also Communication 292/04, 1nstilute for Human Rights and Development in Africa v. Republi
para. 34.
21 Communication 426/12 Agnes Uwimana-Nkusi & Saidati Mukakibibi (represented by
Initiative) v . Rwanda (2019), ACHPR, para. 30.
Page 26 of 45
African Commission on Human
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Phone: (220) 230 4361 Fa