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

Sélectionner le paragraphe cible3