AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
African Commission on Human & Peoples’
Rights
Commission Africaine des Droits de l’Homme
& des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia;
Tel: (220) 4410505 / 4410506; Cell-phone (+220) 2304361; E-mail: au-banjul@africa-union.org; Web
www.achpr.org
Decision of the African Commission on Human and Peoples’ Rights on
Withdrawal
Communication 478/14: The Republic of Djibouti v. The State of Eritrea
Summary of the Complaint:
1.
The Secretariat of the African Commission on Human and Peoples’ Rights
(the Secretariat), received a complaint presented on behalf of the Republic of
Djibouti (hereinafter referred to as Djibouti) pursuant to Article 49 of the
African Charter on Human and Peoples’ Rights (the African Charter).
2.
The Complaint is submitted against the State of Eritrea (hereinafter referred
to as Eritrea).
3.
Djibouti (the Complainant State) alleges that Eritrea (the Respondent State) is
violating provisions of the African Charter, as well as relevant provisions of
international law, by its continuous detention since June 2008 of 19 “war
prisoners,” now seventeen (17) as 2 have successfully evaded captivity in
September 2011 and have arrived in Djibouti through Sudan.
4.
Djibouti submits that in February 2008, Eritrean troops entered into
Djiboutian territory without warning and seized Ras Doumeira and
Doumeira Island. A military confrontation initiated by Eritrea on 10 June
2008, the Complainant State alleges that thirty (30) Djiboutian soldiers were
killed, one hundred and nineteen (119) were wounded and a further nineteen
(19) Djiboutian military personnel, including one officer, were reported
missing in action.
5.
Djibouti alleges that, seven (7) of the missing soldiers are confirmed to have
been taken by Eritrea as prisoners of war, and that the remaining twelve (12)
are presumed to have also been taken by Eritrea as prisoners of war.
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