rr:t; ACHPR ✓.: 1 ' \ nnn i" • • ~ African Commission on Human and Peoples' Rights Human Rights our Collective Responsibility of any one of these conditions is liable to render a communication inadmissible. 16 The Commission now considers the submissions of the parties in light of these requirements seriatim. Article 56(1) of the Charter 49.Article 56(1) of the Charter states that "Communications relating to Human and Peoples' Rights ... received by the Commission shall be considered if they indicate their authors even if the latter request anonymity ... " The requirement here is that complainants or authors of complaints proffer their identity17 and contact details 18 to enable the Commission to adequately process the communication through assurances of continued interest in the matter. 19 In the present case, the Communication is brought by Johannes Moko, who is represented by one Shadrack Tebeile. The parties are adequately identified, the Communication duly complies with Article 56 ( 1) of the Charter. Article 56 (2) of the Charter 50.Article 56(2) of the Charter states that "Communications ... received by the Commission shall be considered if they are compatible with the Charter of the Organization of African Unity or with the present Charter. " In Communication 709/19- Senator JeanPierre Bemba Gombo v. Democratic Republic of Congo, the Commission interpreted Article 56(2) of the Charter to require compatibility with the Constitutive Act of the African Union or the Charter, and with the four (4) aspects of its competence, namely competence ratione personae, materiae, temporis and loci.2 Concerning the former, the Commission notes that this Communication seeks the protection of human rights which is one of the objectives of the Constitutive Act of the African Union, provided for in Article 3 (h) thereof. Furthermore, nothing in the Complainants' submissions and Complaint reveals any incompatibility with the Charter. Concerning jurisdiction, the Commission is satisfied that the Respondent State is party to the Charter; 21 the Complaint alleges prima facie violations of rights protected by the Charter; the Complaint is brought in respect of violations that occurred after [the] Respondent State's ratification of the Charter.22 It follows that the 1v have o~ 4tvo , satisfied Article 56(2) of the Charter. o~ c.~£.TAR14,- '°~ ~. ° r,,~ '?<c; . - - ~ ~ 0,() <I" u>, ~ 0 u Communication 304/2005 - FIDH & Others v Senegal (2006) ACHPR para 38 \ ~ 0 ~ ~ 17 Communication 308/05 : Michael Majuru v Zimbabwe, 24 November 2008, para 71. ·\ ~ AU-U"f? "' • _,.. ~- ~ <) 18 Communication 70/92_9: Ibra hi ma Dioumessi, Sekou Kande, Ousmane Kaba v Guinea, 7 . eto~~ 5 <t' 19 Communication 277 /2003-Spilg and Mack & Ditshwanelo (on behalf of Lehlohonolo Bern . !<g8tt1i')i1£: S'&w~" .... 0MME El 0£.':I October 2013, para 97. 20 Para 26-29 ~ 16 i ,p.. 21 The Republic of South Africa ratified the Charter on 9th July 1996 22 Communication 266/03, 27 May 2009, para 71 71 Page African( ' Union \ ; The African Commission on Human and Peoples' Rights 31 Bijilo Annex Layout, Kombo North District, West Coast Region Gambia Phone : (220) 230 4361 Fax: (220) 441 05 04 Fm::.i l • ~11-h;::ani1 ilfm;::ifrir.;:l-1 minn nrn

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