interights v ethopia communication 233 of 1999 2003 achpr 45 29 may 2003

interights v ethopia communication 233 of 1999 2003 achpr 45 29 may 2003

The African Commission suspended consideration of the communication sine die, finding that the Claims Commission established by the Peace Agreement is the appropriate forum for adjudicating the claims, and reserving its decision on the merits pending the outcome before the Claims Commission.

Citation
interights v ethopia communication 233 of 1999 2003 achpr 45 29 may 2003
Parties
Complainant: INTERIGHTS (on behalf of Pan African Movement and Citizens for Peace in Eritrea); Respondent: Ethiopia
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
29 May 2003
Procedural Posture
Communication / Suspended Consideration Sine Die Pending Claims Commission Decision
Outcome
suspended consideration sine die, reserved decision on merits
Legal Topics
Mass Expulsion, Arbitrary Detention, Torture, Rape, Property Expropriation, Family Separation, Admissibility, Exhaustion of Local Remedies
Source Language
English
Human Rights International Humanitarian Law Mass Expulsion Arbitrary Detention Torture Rape Property Expropriation Family Separation +2 more

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Parties

INTERIGHTS (on behalf of Pan African Movement and Citizens for Peace in Eritrea)

Complainant

Ethiopia

Respondent

Procedural Posture

Communication / Suspended Consideration Sine Die Pending Claims Commission Decision

Legal Issues

  1. 1 Whether mass expulsions, arbitrary detention, torture, rape, property expropriation, and family separation during the Ethio-Eritrean conflict violated the African Charter
  2. 2 Whether the communication is admissible under Article 56 of the African Charter
  3. 3 Whether the Claims Commission established by the Peace Agreement is the appropriate forum for these claims

Ratio Decidendi

The African Commission suspended consideration of the communication sine die, finding that the Claims Commission established by the Peace Agreement is the appropriate forum for adjudicating the claims, and reserving its decision on the merits pending the outcome before the Claims Commission.

Court Disposition

suspended consideration sine die, reserved decision on merits

Orders

  • Suspend consideration of communication 233/99 and 234/99 sine die and await Claims Commission decision.
  • Respondent States to keep African Commission regularly informed of Claims Commission process.