23. The Commission
is of the view
lhat whether
the Complainant wishes to
continue with a given case before the Commission is an important, albeit
not
the
sole
consideration
Commission should
Complainant
for
in
determining
continue or
seeking
to
be closed.
withdraw
whether
a
The reasons
the
case
before
provided
Communication
is
the
by
the
twofold,
firstly because the Victim had been released by the authorities, as per the
first prayer of the Complainant, and secondly because the family's lawyer
had been arrested, making it difficult to obtain documents.
24. Given that the Communication is currently still at the level of admissibility,
the
Commission
foresees
that
the
difficulty
in
accessing
documents,
because of the arrest of the lawyer, would be a serious impediment for the
Complainant in building a case on the merits. The Commission would also
not
be
able
to
make
a
determination
submissions
by
the Complainant.
on
the
In addition,
merits
in
the
absence
of
the Commission considers
the release of the Victim as the primary prayer of the Complainant, with
the
fourth
prayer
being
premised
on
the
former,
and
the other
prayers
being of a more general nature, and not specific to the Victim in the present
case.
25. for
these
reasons,
the
Corrunission
decides
to
grant
the
request
for
withdrawal.
Decision of the African Commission
26. Based on the above, the Conunission declares the Communication closed.
Done in Banjul, The Gambia during the 241h Extra-Ordinary Session held from 30
July to 08 August 2018
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