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18 العلاقات, 6 الكيانات

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
تسجيل الدخول

معلومات
18العلاقات

Achpr34 250 02 eng

Document

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جدول المحتويات

Summary of Facts1
Complaint1
Procedure1
Law2
Admissibility2
Merits4
Holding7

Achpr34 250 02 eng

Document

Preview

Type of Document

Decision

Keywords

Civil and Political Rights
Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Democracy
Detention Facilities/Conditions
Discrimination
Enforced disappearance
Exhaustion of Local Remedies
Freedom of Assembly
Freedom of Expression
Freedom of Movement
Freedom of Opinion
Inadequate Legal Provisions
Peace and Security
Personal Liberty
Personal security
Provisional/interim measures
Right to be Heard
Right to Dignity
Right to Equality Before the Law
Right to Fair Trial
Specific Violation not Provided
Torture and Ill Treatment
الاعتقال والاحتجاز التعسفي
المقبولية

Case Head Notes: The complainants allege that eleven (11) former Eritrean government officials, namely, Petros Solomon, Ogbe Abraha, Haile Woldetensae, Mahmud Ahmed Sheriffo, Berhane Ghebre Eghzabiher, Astier Feshation, Saleh Kekya, Hamid Himid, Estifanos Seyoum, Germano Nati and Beraki Ghebre Selassie were illegally arrested in Asmara, Eritrea on 18th and 19thSeptember 2001 in violation of Eritrean laws and the African Charter. They were part of a group of fifteen (15) senior officials of the ruling Peoples’ Front for Democracy and Justice (PFDJ) who had been openly critical of the Eritrean Government policies. In May 2001, they wrote an open letter to ruling party members criticising the government for acting in an ‘illegal and unconstitutional’ manner. Their letter also called upon “all PFDJ members and Eritrean people in general to express their opinion through legal and democratic means and to give their support to the goals and principles they consider just”. The government subsequently announced that the eleven individuals mentioned above, on whose behalf the present complaint is being filed, had been detained ‘because of crimes against the nation’s security and sovereignty'.

Country

Eritrea

Outcome: Decided on Merits

Year Decided: 20 نوفمبر 2003

Rights Alleged to be Violated

ACHPR 7.1 : Right to be Heard
ACHPR 2: Freedom from Discrimination
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 9.2 : Right to Express and Disseminate Opinions Within the Law

Rights Violated

ACHPR 7.1 : Right to be Heard
ACHPR 2: Freedom from Discrimination
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 9.2 : Right to Express and Disseminate Opinions Within the Law

Rights Not Violated

None Indicated

Duration of Proceduretest

9 أبريل 2002 ~ 20 نوفمبر 2003

Country Geolocation

خط العرض: 15.179384

خط الطول: 39.782334

Country Geolocation (مرتبط Document): Eritrea

المستندات الأولية

achpr34_250_02_eng.pdf
English
تحميل عرض

Rules of Procedure of the African Commission

Rule 111 Review of the decision of the Commission on the meritsOnce the Commission has taken a 1. decision on the merits, it may, on its own initiative or upon the written request of one of the parties, review the decision. In determining whether to review 2. its decision on the merits, the Commission shall satisfy itself of the following:that the request is based upon a. the discovery of some fact of such a nature as to be a decisive factor, which fact was not known to the Commission and the party requesting the review, provided that such ignorance was not due to negligence;that the application for review b. is made within six months of the discovery of the new fact;any other compelling reason or c. situation that the Commission may deem appropriate or relevant to justify review of a Communication, with a view to ensure fairness, justice and respect for human and peoples’ rights.No application for review may be 3. made after three years from the date of the decision

ACmHPR Soft Law

Banjul charter

2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

Banjul charter

Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Banjul charter

Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.

Treaty

Banjul charter

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

Banjul charter

13Article 46The Commission may resort to any appropriate method of investigation; it may hear from the Secretary General of the Organization of African Unity or any other person capable of enlightening it

Treaty

Banjul charter

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged

Treaty

147 95 149 96 Sir Dawda K. Jawara Gambia (The)

Document

Rules of Procedure of the African Commission

If the Commission has made a 2. request for Provisional Measures against a State Party in accordance with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and inform the Complainant and the State concerned. The Commission may, pursuant to 3. Rule 84(2) submit a communication before the Court against a State Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as provided for under Article 58 of the African Charter, has come to its attention.

ACmHPR Soft Law

Banjul charter

Treaty

Banjul charter

2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Treaties and softlaw only15
- ACmHPR Soft Law2
- Treaty12
- Document1
لا تسمية2
- Document2
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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