b. Reform Law 162/58, the Emergency Law, to ensure the abolishment of
administrative detention, the protection of the rights of detainees to be
promptly brought before an impartial and independent court, the
dissolution of the State Security Emergency Courts’;
c. Harmonize the Emergency Law with a view to bringing it in conformity
with the Charter and other international legislation and regional norms and
standards, in implementation of the decision of the Commission in
Communication 334/06: EIPR and Interights v Arab Republic of Egypt decided
in 2011; and
d. Take legislative and other measures to ensure that its law enforcement
organ particularly the police respect the rights of suspects detained, in line
with Article 5 of the Charter.
14. The Complainants request to be allowed to submit separately on remedies and
reparation or alternatively to be allowed a hearing on reparation, if the
Commission finds the Respondent State to be in violation of the African Charter.
Procedure
15. The Communication was received by the Secretariat on 4 March 2011, and the
Commission was seized of the matter at its 49th Ordinary Session, held from 28
April to 12 May 2011 in Banjul, The Gambia.
16. On 24 May 2011, the Secretariat wrote to the Complainants and the Respondent
State informing them of its decision to be seized and transmitted a copy of the
Complaint to the Respondent State. The Secretariat requested the Complainants
to forward their submissions on Admissibility by 24 July 2011.
17. At its 50th Ordinary Session held from 24 October to 5 November 2011 in Banjul,
The Gambia, the Commission considered the Communication and decided to
defer its decision on Admissibility, as the Secretariat had not received
submissions on Admissibility.
18. On 18 November 2011, the Secretariat wrote to the Complainants informing them
of the Commission’s decision to defer the Communication, and reminding them
to forward their written submissions on Admissibility.
19. On 12 December 2011, the Complainants forwarded their submission on
Admissibility to the Secretariat.
20. On 11 April 2012, the Secretariat acknowledged receipt of the Complainant’s
submission and transmitted same to the Respondent State and requested it to
forward its written submission on Admissibility to the Secretariat within two
months.
21. At its 51st Ordinary Session, held from 18 April to 2 May 2012 in Banjul, The
Gambia, the Commission considered the Communication and decided to defer its
decision on Admissibility pending submissions from the Respondent State.
22. On 10 July 2012, the Ambassador of the Respondent State to Senegal wrote to the
Secretariat requesting the transmission of the Complainants submissions on
Admissibility to enable the Respondent State respond appropriately.
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