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African Commission OJ:
Human and Peoples' Rights
Human Hights our
Collective Responsibility
9. The Complainants claim that the Victim has a poor medical history. They aver that
the Victim underwent a liver transplant in 2010 and that he has to travel abroad
regularly to receive specialised treatment related to the surgery. They claim that
since 2014, he has experienced repeated and hostile obstacles in this respect, and
by 2017had been prohibited from international travel. They claim that he had been
importing supplementary medicine at an exorbitant price, which had done little to
improve his health.
10. The Complainants assert that the illegal detention took place amidst this
precarious health situation and submit that his health must have deteriorated,
presenting the danger of irreparable harm.
11. The Complainants submit that the Complaint complies with the requirements
under Rule 93(2) of the Rules of Procedure of the African Commission, in that the
name, nationality, full address and signature of the person or persons filing the
Complaint are provided. The Complainants do not request anonymity and confirm
that the Complaint has not been submitted to another international settlement
proceeding.
12. The Complainants also submit that domestic remedies do not have to be exhausted
in this case, as they do not exist, and are neither available, effective nor sufficient
due to the political situation in the Respondent State.
13. The Complainants claim, that the Victim's wife, referred to as Ms. Almaz
Habtemariarn, has also been detained incommunicado since January 2018.However,
the Complainants do not include a full account of the alleged plight of the wife and
accept that her case may be addressed in a separate Complaint.
Articles alleged to have been violated
14. The Complainants submit that the Respondent State has violated Articles L 4, 5, 6,
7, 9(1), 12(1)(2), 13(1) and 16(1) of the African Charter on Human and Peoples'
Rights.
Prayers