Article 19 v State of Eritrea (Communication 275 of 2003) [2007] ACHPR 79 (30 May 2007)

Article 19 v State of Eritrea (Communication 275 of 2003) [2007] ACHPR 79 (30 May 2007)

The prolonged incommunicado detention of journalists and political dissidents without trial, denial of access to legal representation and family, and the ban on the private press constitute violations of Articles 1, 5, 6, 7(1), 9, and 18 of the African Charter. Domestic remedies are unavailable, ineffective, and insufficient due to the circumstances, and the State failed to demonstrate otherwise. No derogation from Charter rights is permitted even in times of war or emergency.

Citation
[2007] ACHPR 79
Parties
Applicant: Article 19; Respondent: State of Eritrea
Court
African Commission on Human and Peoples Rights
Jurisdiction
Ghana
Judgment Date
30 May 2007
Case Number
Communication 275 of 2003
Procedural Posture
Communication / Final Decision
Outcome
violation found
Legal Topics
Arbitrary Detention, Freedom of Expression, Fair Trial, Judicial Independence, Protection of Family Life, Compensation for Unlawful Detention
Source Language
English
Human Rights Constitutional Law International Law Arbitrary Detention Freedom of Expression Fair Trial Judicial Independence Protection of Family Life +1 more

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Parties

Article 19

Applicant

State of Eritrea

Respondent

Procedural Posture

Communication / Final Decision

Legal Issues

  1. 1 Whether the detention of journalists and political dissidents without trial violates the African Charter
  2. 2 Whether the ban on the private press violates freedom of expression under the Charter
  3. 3 Whether the exhaustion of local remedies requirement applies given the circumstances

Ratio Decidendi

The prolonged incommunicado detention of journalists and political dissidents without trial, denial of access to legal representation and family, and the ban on the private press constitute violations of Articles 1, 5, 6, 7(1), 9, and 18 of the African Charter. Domestic remedies are unavailable, ineffective, and insufficient due to the circumstances, and the State failed to demonstrate otherwise. No derogation from Charter rights is permitted even in times of war or emergency.

Court Disposition

violation found

Orders

  • Government of Eritrea to release or bring to speedy and fair trial the 18 journalists detained since September 2001.
  • Government of Eritrea to lift the ban on the press.