Communication and its attendant request for the reversal of the decision on
Admissibility.
194. The Commission declared the present Communication admissible at its 15th
Extra-Ordinary Session, held from 7 to 14 March 2014.
195. In its Merits Submissions, the Respondent State argues that local remedies
were not exhausted by the Complainants. It states that the Complainants should
have sought remedies either from the Administrative Court or the National
Council for Human Rights.
196. While the Commission takes note of the Respondent State’s submissions on
exhaustion of local remedies, it is of the view that the Respondent State has not
presented new evidence that would alter the decision which the Commission
made during the admissibility stage of this Communication (see paragraphs 62 to
72 of this Communication). Moreover, the Commission’s Rules of Procedure do
not provide for the review of a decision to declare a Communication admissible.
It is also not in the practice of the Commission to reconsider a decision declaring
a Communication admissible as highlighted in Zegveld v Eritrea. 29
197. Furthermore, the Commission reiterates the position that it makes rulings on
the basis of the facts alleged at the time of submission of a complaint. In the
instant Communication, at the time of receipt of the Complaint on 4 March 2011,
the Victim was still in detention at El Wadi El Gadid Prison. In light of the above,
the Commission declines to revisit its decision on admissibility. The Commission
will proceed to determine this Communication on its Merits.
Analysis of the Commission on Merits
Alleged violation of Article 5
198. The Complainants allege that the Respondent State violated Article 5 of the
African Charter.
199. Article 5 of the Charter states that “[e]very individual shall have the right to
the respect of the dignity inherent in a human being and to the recognition of his
legal status. All forms of exploitation and degradation of man particularly
slavery, slave trade, torture, cruel, inhuman or degrading punishment and
treatment shall be prohibited.”
200. The prohibition of and protection from torture has also evolved into a
peremptory norm or jus cogens, and become a fundamental standard in the
international arena, whereby states cannot derogate from their responsibility to
ensure protection from torture.30
The Complainants contend that the Respondent State violated Article 5 of the
African Charter in the following regards:
201.
29
30
Communication 250/2002 - Liesbeth Zegveld and Mussie Ephrem v Eritrea (2003) ACHPR para 45.
See para 67 of this Communication and footnotes 17 and 18.
29