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ACHPR
African Commission on
Human and Peoples' Ri9hts ,
Human Rights our
Collective Responsibility
and effective but were not exhausted by thi Complainants.
49. The Respondent State further submits that tre Communication is not compatible with
,
Articles 56(2), (5) and (6) of the Charter. Wi;th regard to Article 56(2), the Respondent
I
State submits that compatibility with the Charter or the Constitutive Act of the African
filed in such a matter should prove a prima
Union entails that any Communication
facie case of violation of a specified Article, failing to do so would entail that there can
be no communication before the African clmmissiol1~;Jr;ihis:c~s,e, the Complainants
were prosecuted for violating the Anti- Tertorism:'l~~ of the ~~~ibn under a free and
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fair court of law and were found guilty of the
ence. 't]i!t;.~I~~~.!R-~!~;~~re~ol1yicted
for has nothing to do with the freedom ~t ' '
,~opi~~iV'\~~h~;his.~~~~sult
terrorism charges.
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State also suqp1it&i"that
the ";~o'
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50. The Respondent
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nication dql€s not satisfy the
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requirement
•
of
of Article 56 ;(7) of the:::::Airican
er. In this regard, both the
complainants', Mr. Eskinde~'~f>r'ega
Fenta/,~n~@rf<::omm~rJ~1ifi~n
no. 1116/2012 and the
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Second Complai~c;tnt:'~:rxt;~.R / ..'ot1tirAle~u iii(i~~x.,'/,cmmunication
.: '~..-:: . ""-',,'~:;-,
represented
\i~~f:'~;-:~,.~,
-,~~~-,'-i.;;-_J:;/
no.1124/2012
by tyIedia Legal DefeAs~:,"t\!=lV~
brought the case to the United Nations
, ' ,
Educational,
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S~i~nti£ic and Cultural';~O¥~aIlization
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(UNESCO). As a result the
.
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UNESCO has be~r' pealing with th~\ case of the two complainants for the past two
yeart?"Hence, this:is',~:cl~ar violatiol)l~6fArdcle 56(7) of the African Charter.
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51. The ~~sliQ:nd;~ntState tlll:,~I:\~ri~1!prrutsthat the first Complainant was charged with
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crimes '~qmmit:tqg;in violation of domestic laws after a thorough investigation of his
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participa't(on
'terron,
public and\~t
was given the opportunity
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.jgttivities and backed by evidence. That his trial took place in
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to defend himself and represented
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by a
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lawyer. Due pl~p~sS was followed throughout the process of the trial. The Respondent
~
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State also submits that the second Complainant was charged with crimes under the
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Ethiopian Criminal Codeand Anti- Terrorism Proclamation. Her trial was also held in
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