r;"r.\ACHPR
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African Commission on
'~rm;.;(;i#! Human and Peoples' Rights
Human Rights our
Collective Responsibility
and impunity, appointing a legal representative in Eritrea, for the sole purpose of
filing for the said writ places the safety of such person at risk.
36. The Complainants refer the Commission to the facts of Daunt Isaak v. Eritrea
arguing that in the given case, the Complainants, entities based abroad, attempted
to file for a writ of habeas corpus in the High Court of Asmara via DHL but that the
application was ignored. To corroborate this claim, the Complainants attach to
their Admissibility submission, the affidavit of Bjorn Tunback, a Swedish
Journalist who claims to have assisted in the Daunt Isaak case. In his affidavit, the
affiant also testifies that due to the climate of fear and impunity aforementioned
" ... there are no available domestic remedies for cases related to grave human
rights abuses, such as the crime of incommunicado detention".
ANALYSIS OF THE COMMISSION ON ADMISSIBILITY
37. This Communication is submitted pursuant to Article 55 of the African Charter,
and as such must fulfil the seven cumulative requirements prescribed under
Article 56 of the African Charter. Whereas the Complainants claimed to have
fulfilled all the said requirements, the Respondent State does not contest any
submission despite the opportunity afforded it. Nevertheless, the Commission
shall proceed to a decision on Admissibility based on the submissions of the
Complainants and information at its disposall-. The Commission will give due
weight to the Complainants' allegations insofar as these have been adequately
substantiated.
a. Identification of authors (Article 56(1) of the African Charter
38. To begin, Article 56(1)of the African Charter requires Communications to 'indicate
their authors'. In the instant case, Mr. Solomon H. Weldekirstos and the Eritrean
Law Society, referenced earlier as the First and Second Complainants respectively,
are duly identified as the authors with full name and contact details. Accordingly,
the present Communication complies with Article 56(1) of the African Charter.