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428/12 - Dawit Isaak v Republic of Eritrea

Décision de la CADHP

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Table des matières

Summary of the Complaint1
Alleged Violations of the Charter2
Prayers of the Complainant2
Procedure2
The basis of the Preliminary Objection on the Merits3
The Complainant’s Observations on the Preliminary Objection4
The Commission’s analysis4
On the allegation of the matter being politicised9
Objection on the Grounds that the decision of commission is not sound in law11
Decision of the Commission on the Preliminary Objection12

428/12 - Dawit Isaak v Republic of Eritrea

Décision de la CADHP

Aperçu

Type de Document

Décision

Mots clés

Arrestation et détention arbitraire
Centres de détention/Conditions
Disparition forcée
Dommages-intérêts
Droit à l'information
Droit à la dignité
Droit à la santé
Droit à la vie
Droit à un environnement satisfaisant
Droit à un procès équitable
Droit au travail
Droit d'être entendu par un tribunal compétent
Égalité devant la loi
Fausse incarcération
Liberté d'association
Liberté d'expression / Droits numériques
Liberté d'opinion
Liberté de la personne
Lutte contre la discrimination
Protection de la famille et des groupes vulnérables
Sécurité de la personne
Torture et mauvais traitement
Traitement cruel et dégradant

Case Head Notes: The Authors allege that the Complainant (a dual Eritrean and Swedish citizen), editor and co-owner of the newspaper Setit, was arrested by the Eritrean police on 23 September 2001 and since then detained incommunicado, kept at an undisclosed location without having been charged with any offense; and without having been brought before a magistrate and without being allowed access to counsel.

Pays

Erythrée

Résultats: Affaire rejetée

Année de la Décision: 29 févr. 2016

Violations alléguées (dispositions de la CADHP)

CADHP 7.1 : Droit d'être entendu
ACHPR 3.2 : Protection égale de la loi
CADHP 1: Obligations générales
CADHP 18: Protection de la famille et des groupes vulnérables
CADHP 2 : Liberté de ne pas subir de discrimination
CADHP 4 : Droit à la vie et à l'intégrité
CADHP 5 : Traitements cruels, inhumains et dégradants
CADHP 6 : Droit à la liberté de la personne et à la protection contre l'arrestation arbitraire
CADHP 9 : Droit à l'information et à la liberté d'expression

Droits violés (dispositions de la CADHP)

Aucun indiqué

Droits non violés (dispositions de la CADHP)

Aucun indiqué

Durée de la procédure

29 oct. 2012 ~ 25 févr. 2016

Géolocalisation du Pays

Latitude: 15.179384

Longitude: 39.782334

Géolocalisation du Pays (Lié Décision de la CADHP): Eritrea

Documents principaux

428-12 Dawit Isaak v Republic of Eritrea.pdf
English
Télécharger Vue

African Charter on Human and Peoples' Rights

Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide. 15Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions o

Treaty

Rules of Procedure of the African Commission on Human and People's Rights

Rule 108 ProceedingsOnce a Communication has been 1. declared admissible, the Commission shall set a period of sixty (60) days for the Complainant to submit observations on the merits. These observations shall be transmitted to the State Party concerned for the submission of its observations within sixty (60) days

Droit mou de la CADHP

African Charter on Human and Peoples' Rights

Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

Constitutive Act of the African Union

Article23ImpositionofSanctions1.The Assemblyshalldeterminethe appropriatesanctionsto be imposedon any MemberStatethatdefaultsin the paymentof its contributionsto the budgetof the Union in the following manner:denialof therightto speakatmeetings,to vote, to presentcandidatesfor any -positionor postwithintheUnion or.tobenefit from any activityorcommitments,therefrom;2.Furthermore,any MemberStatethatfails to complywith the decisionsand policiesof the Union may be subjectedto other sanctions,suchasthe denialoftransportandcommunications links with other MemberStates, and other measures of a politicaland economic nature to be determined by the Assembly.

Treaty

Constitutive Act of the African Union

rticle23ImpositionofSanctions1.The Assemblyshalldeterminethe appropriatesanctionsto be imposedon any MemberStatethatdefaultsin the paymentof its contributionsto the budgetof the Union in the following manner:denialof therightto speakatmeetings,to vote, to presentcandidatesfor any -positionor postwithintheUnion or.tobenefit from any activityorcommitments,therefrom;2.Furthermore,any MemberStatethatfails to complywith the decisionsand policiesof the Union may be subjectedto other sanctions,suchasthe denialoftransportandcommunications links with other MemberStates, and other measures of a politicaland economic nature to be determined by the Assembly

Treaty

African Charter on Human and Peoples' Rights

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charte

Treaty

281/03 Marcel Wetsh’okonda Koso and others v Democratic Republic of Congo

Décision de la CADHP

African Charter on Human and Peoples' Rights

Article 311.The Commission shall consist of eleven members chosen from amongst African personalities of the highest reputation, known for their high morality, integrity, impartiality and competence in matters of human and peoples' rights; particular consideration being given to persons having legal experience. 2.The members of the Commission shall serve in their personal capacity.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 45The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights. 2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 421.The Commission shall elect its Chairman and Vice Chairman for a two-year period. They shall be eligible for re-election.2.The Commission shall lay down its rules of procedure

Treaty

African Charter on Human and Peoples' Rights

Article 421.The Commission shall elect its Chairman and Vice Chairman for a two-year period. They shall be eligible for re-election.2.The Commission shall lay down its rules of procedure

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

275/03 Article 19 v Eritrea

Décision de la CADHP

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited. Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

rticle 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Treaty

Constitutive Act of the African Union

Article 9PowersandFunctionsoftheAssembly1.Thefunctionsofthe Assemblyshallbeto:(a)determinethe commonpoliciesofthe Union;(b) receive, considerandtakedecisions on reportsand recommendationsfrom the otherorgansofthe Union;(c)·considerrequestsforMembershipofthe Union; (d)establishanyorganofthe Union;(e) monitorthe implementationof policiesand decisionsof theUnion as well ensure complianceby all Member States;

Treaty

Constitutive Act of the African Union

Treaty

Constitutive Act of the African Union

(m) respectfor democraticprinciples)human rights, the rule oflawand goodgovernance;

Treaty

African Charter on Human and Peoples' Rights

Treaty

275/03 Article 19 v Eritrea

Décision de la CADHP

275/03 Article 19 v Eritrea

Décision de la CADHP

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

275/03 Article 19 v Eritrea

Décision de la CADHP

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 1 The Member States of the Organization of African Unity parties t o the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

275/03 Article 19 v Eritrea

Décision de la CADHP

Rules of Procedure of the African Commission on Human and People's Rights

Rule103 Preliminary objectionA party who intends to raise a 1. preliminary objection at the stage of admissibility or before the Commission takes a decision on the merits of the Communication, shall do so not latter than thirty (30) days after receiving notification to submit on admissibility or on the merits. The Commission shall communicate the objection to the other party within fifteen (15) days.A party who intends to respond to a 2. preliminary objection raised by the other party shall submit a written response not later than thirty (30) days after the Secretary to the Commission has transmitted the objection to that party.If no response to a preliminary 3. objection is received within the stipulated period, the Commission shall proceed with the consideration of the preliminary objection on the basis of the available information.When the Commission receives a 4. preliminary objection, it shall first of all determine this objection before any other question relating to the Communication.

Droit mou de la CADHP

Treaties and softlaw only36
- Treaty34
- Droit mou de la CADHP2
Cases Referenced6
- Décision de la CADHP6
Geolocation1
- Pays (Géolocalisation)1

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