' :-' \ . p.CHP/1 _ \ ACH PR . I -,,.l African Commission on Olll'l'."O "" Human and Peoples' Rights :· , . ✓ Human Rights our Collective Responsibility credence to a generalized statement of lack of independence of the entire institutional system. 166. Contrariwise, in Communication 322/2.006, Tsatsu Tsikata v. Republic of Ghana, the Commission found that a series of measures taken by the government amounted to interference in the independence of the judiciary with respect to the case of the constitutionality of the Fast Track High Court, in violation of Article 26 of the ACHPR. 65 In the presence of measures taken by the government which amount to interference in the independence of the judiciary, one can conclude to a violation of article 26 of the Charter. 167. In the present communication, the Complainant has not qemonstrated any such element affecting the Judiciary of the Respondent State. The Commission notes that the Complainant has submitted a series of allegations and cases instituted by himself against the Chief Justice and other Judges, and media reports where the same Complainant questions the integrity of their appointment to the bench.66 The Complainant contends that, since the Chief Justice and the Senior Puisne Judge participated in hearing the matter, while having challenges raised against them by the Complainant, the integrity of the trial process was compromised. The Complainant has also invoked family relations between two senior members of the Judiciary. 168. In support to his claim of partiality in relation to a dismissal of his application for temporary admission to the practice pending a review of his conviction and disbarment decisions, the Complainant referred to the case of a medical doctor who was granted temporary permission to practice medicine pending the determination of her application for renewal of her licence which had expired prior, citing the common descent of the Chief Justice and the concerned Medical Doctor. The Commission declines to entertain this claim on which it does not have sufficient information likely to lead to a finding on discrimination between individuals in " similar conditions" and which is not relevant to the communication at hand. In any case, those cases instituted by himself against members of the Judiciary have not been adjudicated. Other claims look like mere suspicions without tangible evidence of misconduct or undue interference. The Com��ion holds the view that those cannot stand as elements of evide "J,��f 'O � C 141 65 Communication 322/ 2006, n62 above, para 161. <)� 66 Complainant's Submissions, 5 December 2013, received 18 December 2013, Annex 7. Page 40 of 45 ':j .o 'o w 0 '-"�... African Commission on Huma · 31 Bijilo Annex Layout, West Phone: (220) 230 4361 a Email: au-banjul@africa-union.org https:/achpr.au.intJO O a �(' \\ -,l \ jl � . 0 0 � "' �-

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