The allegation is therefore of future bias and impact on the outcome of the case in which case the Honourable Commissioner’s recusal cures the source of the bias. 45. Consequently, the Commission finds that the perception of bias is inconsequential to the determination of whether this case should be dismissed or not. On allegations of breaching confidentiality 46. The Respondent State alleges that the Honourable Commissioner breached the principle of confidentiality when she pronounced herself publicly on the current case. The Respondent State argues that the Honourable Commissioner spoke of letters that the Commission has sent to the Republic of Eritrea in respect of Mr Dawit Isaak. 47. The Commission ascertained, through the audio recording, that the Commissioner did mention that she sent a letter to the Republic of Eritrea on 3 October 2011. The Commission further retrieved this letter, whose contents relate to Mr Dawit Isaak’s continued detention but more specifically to the non-implementation of the Commission’s earlier decision. The letter provided that; “…the Special Rapporteur is concerned that the State of Eritrea has still not complied with the recommendations of the Commission in Communication 275/2003- Article 19/ The State of Eritrea, adopted during its 40th Ordinary Session. In this Communication, the Commission held that Eritrea was in violation of Articles 5, 6, 7(1), 9 and 18 of the African Charter …” 48. As the Commission has ascertained, the specific letter mentioned in the Honourable Commissioner’s address did not say anything new. The Honourable Commissioner merely restated a position from a decision that the Commission had already made in which it had made the finding that the Republic of Eritrea violated freedom of expression. The Activity Report in which the decision to publish this report was made, was adopted by the Policy Organs of the African Union in 2007. 49. The Commission therefore finds the allegation of breach of confidentiality unsubstantiated. On the allegation of the matter being politicised 50. Article 23 (2) of the Constitutive Act of the African Union provides that: Furthermore, any Member State that fails to comply with the decisions and policies of the Union may be subjected to other sanctions, such as the denial of transport and communications links