A
TT
ee
me
-_—
on the part of the Respondent Stat to the absence of the respected Delegates from the
Republic of Eritrea from the actual panel discussion.
The Commission’s analysis
On the allegation of the Honourable Commissioner’s bias on the matter
28. The Commission notes that the Respondent State’s allegation of bias originated from the
launch of a report on 24 April 2015, during the 56th Ordinary Se
Banjul, the Gambia entitled “The erosion of the Rule ofLayjin
Erin
The pea
was a collaboration between the
ion of the Commission in
Eritre Silencing Freedom of
Centre for Human Rights at the
th
(ti
Hit
29. The Commission is required to answer
may legitimately give rise to doubts should refrain from taking part in the decision-making.
UT
lh)
HH
Ordinarily, impartiality sells to the fees
jie
Hi
prejudi
HH}
,
30. Undoubtedly, the imipartiality of ana juc icatory body
this gives assuranc es | of fairness. Impartiality
adjudicatory body ru
the body — .be
e or bis
is critical to the parties before it as
relates to two critical aspects, first that the
be subjectively free of personal prejudice or bias and; second that
Whmth?seen
as impartial and offer sufficient guarantees to exclude any
{i
Republic of Congofi, ? the Commission stated that Articles 7 and 26 constitute the two prongs
of sound justice;
ely to mete out appropriate justice and to guarantee the independence
of justice and that independent justice refers to trial before impartial and credible courts.
1 Nsongurua J Udombana, The African Commission on Human and Peoples’ Rights and the development of fair
trial norms in Africa (2006) 6 African Human Rights Law Journal p. 326.
2 Communication 281/2003- Marcel Wetsh’okonda Koso and Others v Democratic Republic of Congo (2008) ACHPR
Para 76 and 77.