13.
The Complainants allege that Articles 5, 6 and 7 of the African Charter on Human
and Peoples’ Rights (the Charter) have been violated.
Prayers
14.
The Complainants seek the following:
(a) Recognition of the violations of human rights committed by the Respondent
State;
(b) An order of compensation for the Victims; and
(c) An order upon the Respondent State to in future desist from violating the
provisions of the Charter and respecting the individual rights of its citizens as
protected under the Charter.
Procedure
15.
The present Communication was received at the Secretariat on 11 April 2007, and
subsequently seized at the Commission’s 41st Ordinary Session, which was held from
16 to 30 May 2007, in Accra, Ghana. The parties were informed on 20 June 2007 and
requested to submit their arguments on Admissibility.
16.
On 28 August 2007, the Secretariat wrote to the Parties, reminding them to submit
their arguments on Admissibility by the end of October 2007.
17.
In a letter dated 13 September 2007, the Complainants wrote to inform the
Commission that Mr. Patrick Okiring, having satisfied the requirements set by the
High Court, was out of detention on bail. However, Mr. Samson Agupio had not yet
satisfied the bail requirements and remained in custody.
18.
In a separate letter, dated 13 September 2007, the Complainants transmitted
submissions on Admissibility to the Secretariat.
19.
On 30 October 2007, the Respondent State wrote to request the deadline for its
submissions on Admissibility be extended to 14 November 2007, and on 5 November
2007 sent a Note Verbale to the Commission addressing the Admissibility of the
Communication. Further, on 16 November 2007, the Respondent State sent a Note
Verbale informing the Commission that the matters raised in the Communication
had been considered and duly ruled on by the East African Court of Justice, and
attached the said decision to the letter.
20.
At its 43rd Ordinary Session, held in Ezulwini, the Kingdom of Swaziland from 07 to
22 May 2008, the Commission granted audience to the parties to complement their
respective written submissions orally.
21.
In a letter dated 13 August 2012, the Complainants informed the Commission that
Mr. Samson Agupio was released from internment at the government prison after a
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