Holding
For these reasons, the [African] Commission in conformity with Article 56.5 of the African Charter
declares this communication inadmissible for non-exhaustion of domestic remedies.
NOTE:
When the Chair of the [African] Commission wrote to the Government of Namibia expressing concern
over the alleged deportation of Mr Sikunda, the government responded stating that its actions were
legal and aimed at protecting the security of the country and its citizens.
Following the decision that the [African] Commission has come to, the [African] Commission would like
to state that in circumstances where an alleged violation is brought to the attention of the [African]
Commission and where it is alleged that irreparable damage may be caused to the victim, the [African]
Commission will act expeditiously appealing to the Responding State to desist from taking any action
that may cause irreparable damage until after the [African] Commission has had the opportunity to
examine the matter fully. In such cases the [African] Commission acts on the facts as presented and it
was therefore in this vein that the [African] Commission wrote to the Minister of Foreign Affairs of the
Republic of Namibia expressing concern over the alleged deportation of Mr Sikunda.
st
nd
Done at the 31 Ordinary session of the African Commission held in Pretoria, South Africa, from 2 to
th
16 May 2002