African Human Rights CLA 2.0

Complaint 9. Article 19 alleges a violation of the following Articles of the African Charter:- Articles 1, 3, 5, 6, 7, 9, 13, 18 and 26 of the African Charter. Procedure 10. By letter dated 21st April 2003, the Secretariat of the African Commission acknowledged receipt of the communication and informed the Complainant that the matter had been scheduled for rd consideration at the 33 Ordinary Session of the African Commission. rd th th 11. At its 33 Ordinary Session held from 15 to 29 May 2003, in Niamey, Niger, the African Commission considered the communication and decided to be seized of the matter. th 12. On 10 June 2003, the Secretariat wrote informing the parties to the communication that the African Commission had been seized with the matter and requested them to forward their submissions on admissibility within 3 months. th 13. On 27 August 2003, the Secretariat received a Note Verbale from the Respondent State requesting the African Commission to advise Article 19 to exhaust all domestic remedies. th 14. On 10 September 2003, Article 19 forwarded by fax its submissions on admissibility. th 15. On 15 September 2003, the Secretariat of the African Commission acknowledged receipt of the Note Verbale from the Respondent State and the submissions from the Complainant. The Secretariat of the African Commission additionally advised the Respondent State to forward its arguments supporting its assertion that the Complainant had not exhausted domestic remedies. Article 19 was also reminded to forward a copy of the Decree banning the entire private press. th th th 16. At its 34 Ordinary Session held from 6 to 20 November 2003 in Banjul, The Gambia, the African Commission examined the communication and decided to defer further consideration on th admissibility of the matter to its 35 Ordinary Session. th 17. On 4 December 2003, the Secretariat of the African Commission wrote to inform the parties of the African Commission’s decision. The Respondent State was furnished with another copy of the Complainant’s written submissions on admissibility and further reminded to forward its written submissions on admissibility within 2 months. rd 18. On 23 February 2004, the Secretariat of the African Commission received submissions on admissibility from the Respondent State. The Secretariat acknowledged receipt of the said rd submissions and transmitted a copy of the same to the Complainants on 3 March 2004. th 19. On 17 March 2004, the Secretariat received submissions from the Complainant in response to the submissions from the State of Eritrea. The Secretariat of the African Commission acknowledged receipt of the said submissions and transmitted a copy of the same to the Respondent State on th 18 March 2004. th th 20. At its 35 Ordinary Session held from 21st May to 4 June 2004, in Banjul, The Gambia, the African Commission examined the communication and decided to defer further consideration on th admissibility of the matter to its 36 Ordinary Session pending receipt of information from the Complainant on concrete steps taken to access domestic remedies in Eritrea. The parties to the communication were informed accordingly. th 21. By Note Verbale and letter dated 15 June 2004 the Respondent State and the Complainant were respectively informed of the Commission’s decision. th 22. By letter dated 15 September 2004, the Secretariat of the African Commission reminded the th Complainant to send the information requested by the African Commission during the 35 Ordinary Session. th rd th 23. At its 36 Ordinary Session held in Dakar, Senegal from 23 November to 7 December 2004, the African Commission considered the communication and declared it admissible. th 24. By Note Verbale of 13 December 2004 and by letter of the same date, the Secretariat of the African Commission notified the parties of the African Commission’s decision and requested them to submit their arguments on the merits within three months of the notification.