Communication 716/19 - Three Jehovah's Witnesses (Represented by Lawyers Associated for Human Rights in Africa) v. The State of Eritrea

ACHPR Decision
Preview
Type of Document
  • Decision
Keywords
  • Arbitrary Arrest and Detention
  • Cruel and Degrading Treatment
  • Detention Facilities/Conditions
  • Freedom of Religion
  • Personal Liberty
  • Right to be Heard before a Competent Court
  • Right to Fair Trial
  • Torture and Ill Treatment
Case Head Notes
The victims were held incommunicado from September 1994 to November 2017. The Complainant submits that they were not charged with any criminal offence, and that their detention was predicated on their conscientious objection to Eritrea's mandatory military service. In detention they were subjected to beatings and torture and did not have adequate food or water. They were also subjected to psychological torture as, on various occasions, they were stripped in public and subjected to mock burials where they were forced to dig their own graves. There were also instances where the Jehovah's Witnesses were segregated from other detainees and imprisoned in shipping containers. The Complainant states that it is part of a broad state policy against Jehovah's Witnesses, and note that the President previously made a decree to deprive Jehovah's Witnesses of their Eritrean citizenship. The Commission found a violation of Article 5, citing the dire conditions and traumatic experiences the Respondent State inflicted on the victims, and also stated that incommunicado detention, on its own, can be held to be a form of cruel, inhuman or degrading punishment. The Commission found a violation of Article 6, stating that arbitrary arrests of believers of a religion constitute a violation of Article 6. Additionally, in contravention of Article 6, the Commission stated that there was no authority procedurally or substantively competenent to certify the detentions, the individuals were not detained in an officially recognized place of detention and the victims were held incommunicado and were not presented with an opportunity to defend themselves in front of a competent judge. The Commission found a violation of Article 7 because the Respondent State failed to bring the victims before a judicial authority, they effectively punished the victims (through detention) without a bringing a charge against them, or providing the victims a chance to defend themselves, they denied the victims access to a lawyer, and because they held the victims for 26 years without bringing them before a competent court. The Commission did not find a violation of Article 8 because they stated that military service is not a religion, and that it would be incorrect to say that compelling people to perform military service amounts to compelling them to change to, or adhere to, another religion. The Commission requested the Respondent State to take measures to compensate the victims for the suffering they were subjected to, and for their inability to make a living for 26 years, and requested the Respondent State to adopt all necessary measures to ensure compliance with the Charter and the Guidelines on the Right to Fair Trial and Legal Assistance in Africa.
Country
  • Eritrea
Outcome
Decided on Merits
Year Decided
Aug 2, 2023
Rights Alleged to be Violated (ACHPR Provisions)
  • ACHPR 7: Right to Fair Trial
  • ACHPR 5: Cruel Inhuman and Degrading Treatment
  • ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
  • ACHPR 8: Right to Freedom of Conscience
Rights Violated (ACHPR Provisions)
  • ACHPR 7: Right to Fair Trial
  • ACHPR 7.1: Right to be Heard
  • ACHPR 5: Cruel Inhuman and Degrading Treatment
  • ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
Rights Not Violated (ACHPR Provisions)
  • ACHPR 8: Right to Freedom of Conscience
Duration of Procedure
  • Jan 7, 2019 ~ Aug 2, 2023
Country Geolocation

Latitude: 15.179384

Longitude: 39.782334

Country Geolocation (linked ACHPR Decision)
Eritrea

Primary Documents

  • Three Jehovah's Witnesses (Represented by Lawyers Associated for Human Rights in Africa) v Eritrea.pdf
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