Compatibility with the African Charter – article 56(2)
Where the facts of an application reveals a prima facie violation of the rights of the applicant
and the application relates to human and peoples’ rights under the Charter, the requirements
of article 3(1) of the Protocol and article 56(2) of the Charter are fulfilled (Peter Joseph
Chacha v The United Republic of Tanzania, application 003/2012, judgment, 28 March 2014
paras 117, 123; Abubakari Mohamed v The United Republic of Tanzania , Merits,
Application 007/2013, 3 June 2016 para 50 & 51).
Error in identifying the respondent does not make the application incompatible with the AU
Constitutive Act and the African Charter (Lohé Issa Konaté v Burkina Faso, application
004/2013, judgment, 5 December 2014, para 60-62).
Failure to cite the specific provisions of the Charter the applicant alleges to have been
violated does not make the application incompatible with the Charter. An application will be
admissible if it reveals a prima facie violation of rights contained in the Charter (Wilfred
Onyango Nganyi & 9 others v Tanzania v The United Republic of Tanzania, application
006/2013, judgment, 18 March 2016, para 79).