Communication 275/03 – Article 19 v Eritrea 10 were basically the same as in the present
Communication. The Complainant alleged violations of Articles 1, 5, 7 (1), 9 and 18 of the
Charter to which the Commission granted relief in terms of the following recommendation:
i.
‘’Urges the government of Eritrea to release or to bring to a speedy and fair trial the 18
journalists detained since September 2001, and to lift the ban on the press;
ii.
Recommends that the detainees be granted immediate access to their families and legal
representatives; and
iii. Recommends that the government of Eritrea takes appropriate measures to ensure
payment of compensation to the detainees.’’
58. The Commission recalls its decisions in Kevin Mgwanga Gunme et al v Cameroon 11 , in
which it stated that for a case to be settled, the treaty or Charter body dealing with the matter
should have taken a decision which addresses the concerns, including the relief being sought
by the Complainant.
59. The Commission observes therefore that the rights and obligations of the parties were duly
determined in Article 19 v Eritrea. The Commission also notes that the present
Communication is consequent to the Respondent State’s failure to implement its decision,
which has led to the Complainant being held incommunicado for about 13 years now. The
Commission regrets this state of affairs and would like to draw the Respondent State’s
attention to its obligation to give effect to the rights and freedoms enshrined in the Charter
which it voluntarily undertook to adhere to.
60. The Commission notes that any decision on the present Communication will add no value
other than to reaffirm what was previously settled.
Decision of the Commission on the Preliminary Objection
61. In view of the above, the African Commission on Human and Peoples’ Rights:
i.
Upholds the Respondent State’s Preliminary Objection; on the grounds of res
judicata;
10
11
See Article 19 v Eritrea, para 3.
Communication 279/03 – Kelvin Gunme et al v Cameroon (2009) ACHPR, 28th Activity Report, para 86.