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ACH PR
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African Commission on
Human and Peoples' Rights
t\
Human Rights our
Collective Responsibility
about whether or .n ot the Liberty Fighters Network was a party to these
proceedings or merely a representative, which misunderstanding has been
cleared out by the Complainants' observations17. The records and the
Secretariat's correspondence will according!y reflect this clarification. The
parties are adequately identified, the Communication duly complies with
Article 56 (1) of the Charter.
Art icle 56 (2) of the Cha rter
46. 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 Jean-Pierre 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.18 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; 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.19 It follows that the
Complainants have satisfied Article 56(2) of the Charter.
Article 56 (3) of the Cha rter
47. Article 56(3) of the Charter states that "Communications ... received by the
Commission shall be considered if they are not written in disparaging or
insulting language directed against the State concerned and its institutions or
to the Organization of African Unity (AU)". In Zimbabwe Lawyers for Human
Rights & Associated Newspapers of Zimbabwe v Republic of Zimbabwe, the
Commission held that" in determining whether
-----is disparaging
17 Complainants' Observations on Admissibility & Merits, page 4, p
18
Para 26-29
cc,
19 Communication 266/03, 27 May 2009, para 71
SI Pa ge
The African
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d Peoples' Rights
, Kombo North District.
West Coast Region Gambia
Phone: (220) 230 4361 Fax: (220) 441 05 04
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