23: The Respondent State argues that the Commission’s decision on Admissibility, to which it
objects, did not come up with solid and convincing logic to refute the objections raised. The
Respondent State also argues that it was irregular for the Commission to argue on behalf of
the Complainant when they failed to make submissions regarding the issue of previous
settlement of the Communication.
24. The Respondent State further alleges bias on the part of the Cc
reasons; first that the Commissioner spearheading the géinmun
Special
Rapporteur
on Freedom
of Expression
and
ALL
to
campaign against Eritrea when she wrote a pretantl
welcoming
remarks at the launch of the eepagiftiies
Eritrea: meneet Freedom of Dares ‘on rahie
i
t
i
|
At
}
oe
conducted
a
contents of and gave
1
f the Ru e of Law in
of theComin
on’s 56th Session
Ht v
principle of confidentiality.
25. The Respondent tat salso argues that the matter has be
the subject ofadjudication as it was declua at the isn
proceedings are not yielding any resulkt.. "ie
urge the AU —
that, “it seems that the legal
ontnission should, in its next activity report,
to take appropriate measures, as allowed for under Article 23(2) of
The Complainant’s Observations on the Preliminary Objection
PA In its response, the Complainant indicates that the Commission’s decision on Admissibility
already addressed the Respondent State’s objection hence the Objection amounted to a re-
trial of the case. In respect of the Respondent State’s allegation that the matter has been
politicised,
the Complainant
argued
that the Respondent
State’s suggestion
that the
Honourable Commission during a side event at the 56 Ordinary Session in April 2015
urged the "AU Assembly to take appropriate measures" against Eritrea was incorrect as.it
came from one of the panellists and not a member of the Commission.
It attributes this error
Ga
tet,
VE