ACHPR
African Commission on
Human and Peoples' flights
Human Hights our
Collective Responsibility
incommunicado detention forty-five (25)days cannot be considered compatible
with the requirements of lawful detention.
The Commission recalls that in Sir Dauida K. Jawara v The Gambia, it
acknowledged incommunicado detention as arbitrary deprivation of liberty, and as a
gross human right violation.s? Furthermore, in Liesbeth Zegveld and Mussie Ephrem
v Eritrea, the Commission observed that arrest and detention in an unknown
location is contrary to Article 6.68
142.
For these reasons, the Commission finds a violation of Article 6 of the African
Charter.
143.
On the violation of the right to be heard and the right to a fair trial
144. Article 7 of the African Charter provides that "Every individual shall have the
right to have his cause heard ..."
The Commission recalls that in Dino Noca v The Democratic Republic of Congo, it
has observed that the right to beh~~r,drequires 'unfettered access to a court having
jurisdiction to hear his case'69 and with sufficient powers to establish the
violations and order reparations. 70
145.
In the present case, the Complainants assert that the arrest of the victim on 17
September 2018, without subsequently being brought before a court. Thus, the
issue is not the existence of judicial bodies competent to deal with alleged
violations of the victims' rights, but the impossibility of accessing them in order
to obtain justice.
, ')1
146.
t'
The Commission notes that if a victim can access the courts and even not
have their rights protected, the impossibility of accessing them because of
incommunicado detention by the authorities of a State, as is the case of the
victim in the instant Communication, constitutes the most primary form of
violation of the right of persons to have their causes heard, in accordance with
Article 7 of the African Charter.
147.
Sir Dauida K. [aioara v Gambia (The) Communication 147/95-149/96
, ~u \ IU", I :
Liesbeth Zegveld and Mussie Ephrem v Eritrea, Communication 250/02, para 59.
/
t} ,r U ,
69 Dina Noca v Democratic Republic of Congo Communication
286/2004 para 190.
'.;,~" ~-'-,
'" Z;mba"bW, e uman Rights NGO Forum contra a Zimbabwe Comunication 245,~{q¥
2~f' >\j,
tJJ
An 0'>1."
ttl..
, Z
',(( ~ ':I
34 0 67
68
j ,}\
PI'
H,
of
Afriqan (~'~')'
Union \tn!'
The African commis~)i~~
0%
T \ \/
t;
ma~~Reo
e§ RJihts
31 Bijilo Annex Layout, Kombo~oittr,
' trict, Wes
~~t Region
Phone: (22.0) 23tY$~,
' ~~Q) ~ 10504
Email:
a~ti.i:!'oi41~'clNi~q,~.t:)~bn.or2
",
'"I.h~p~pr,aU.int/CI
0D