The Prohibition of Torture and Ill-treatment in the African Human Rights System:
A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES
There is no limit on the length of a communication, but brevity and clarity are
considered advantageous. The Commission can receive and process communications in English or French. Communications or supporting documents in other
languages must be translated into either French or English, at the author’s expense.
The communication should be sent to the Commission’s Secretariat in Banjul, The
Gambia, in hard copy or by e-mail.301
The petition may be sent by mail to:
Dr. Mary Maboreke, Executive Secretary
African Commission on Human and Peoples’ Rights
Kairaba Avenue
P.O. Box 673 Banjul
The Gambia
By fax: (220) 4392 962
By e-mail: au-banjul@africa-union.org
When in hard copy, it is advisable to send it by courier or recorded delivery in order
to be able to confirm its arrival at the Commission. When the Commission receives
the communication, the Commission’s Secretariat will assign a number to it and
open a file. The file is first reviewed by the Commission’s Secretariat to ensure
that the case is suitable to be considered by the Commission. The Commission, for
instance, will not receive cases against individuals, non-African States or African
States not parties to the African Charter.
If the case passes this largely pro-forma phase of acceptance, it goes forward for a
decision on admissibility. At this stage, the Commission determines whether the
author meets the conditions for admissibility contained in Article 56 of the Charter.
These are considered more extensively below. A complainant or counsel may ask
to be heard by the Commission at the admissibility phase.
The consideration of a communication ends if the Commission finds it inadmissible. If the Commission finds the communication admissible, it proceeds to consider the communication on the merits, at which point the Commission usually
notifies the parties. At any point before determining the case on the merits, the
Commission may by itself or, at the request of a complainant, make a request
for the State to adopt provisional measures to prevent the victim/s from suffering irreparable harm.302 Through hearing notices issued by its Secretariat, the
301 For additional guidance in submitting an individual communication, refer to the example communication in Annex 2, as well as Information Sheet No.2, Guidelines for the Submission of
Communications, available at: http://www.achpr.org/files/pages/communications/guidelines/
achpr_infosheet_communications_eng.pdf
302 ACHPR, Rules of Procedure, see supra note 43, Rule 98.
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