simply that communications
should indicate the names of those submitting and not those
of all the victims of the alleged violations". In this regard, the Commission concludes that
the conditions of Article 56 (1) have been satisfied.
Compatibility
(2))
with the African Charter and Constitutive Act of the African Union (Article 56
90.
Article 56 (2) requires that Communications
are 'compatible
Organization of African Unity or with the present Charter'.
with the Charter
of the
91.
As held by the Commission in Communication 321/2006 - Law Society of Zimbabwe et al
v Zimbabwe (2013) ACHPR para 67 "the compatibility of a Communication
with the
Constitutive Act of the African Union is grounded orrits"cpmpatibility
with the objectives
and principles enshrined in the Act, specifically, as to whether the pra}i'ers,requested in the
Communication would contravene the objectives or principles expressed in the Act'?
92.
The above principle entails that the communication should be brought against a State party
to the African Charter. Additionally, the communicatiog II;lust allege prima facie violations
of rights protected by the African g;;l)arter, and fifl~lJy, the communication
should be
brought in respect of violations that"occurred afte'r~State's ratification of the Charter, or
where violations began before the State Party ratified the African Charter, have continued
even after such ratification.
93.
In this particular case, the Commission has demonstrated in its analysis of the preliminary
observation thatt1t~ case has indeed.been brought against the Republic of Cameroon.
, t,":~,
94.
The determination of prima facie violations is reached through a mere preliminary analysis
of the facts, which is, in principle, the justification of the Seizure of the Commission. In this
particular case, the Complainants allege that since December 2016, massive, indiscriminate
and arbitrary arrests, disappearances, of suspects, acts of torture and assassinations have
taken place in "Southern ,Cameroo,~t}n that regard, articles 1, 2,. 3, 4, 5, ~~9}~~~~ltb 2,
13,17,19,20,21,22,23
and 24 ohpe;,(:harter have allegedly been vlOlatecIg~C$WIUls1<iftdmg
the necessary analysi~ and findin'gs of the Commission on all artic1es a,~1Jie~~~
the\,
Commission finds that the Communication
reveals indeed prima fa~ie Vl ol~~~jOf
~
Charter.
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des droits de I'Homme and RADDHO, Collectif des veuves et ayantsDroit, Association mauritanienne des droits de
I'Homme 1Mauritania, ~JlYww.achQ.L..Qlgru.s..slrulsLd.e.s.c.i.Qns?id=114
7 Communication 32112006 - Law Society of Zimbabwe et al v Zimbabwe (2013),
https:l/www.achpr.org/sessions/descions?id=211
15
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