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 Commission found that the incommunicado detention of journalists without charge or trial for over five years, the ban on the private press, and the denial of access to legal representation and families constituted violations of Articles 1, 5, 6, 7(1), 9, and 18 of the African Charter. The State failed to demonstrate that domestic remedies were available, effective, or sufficient, and the exceptions to the exhaustion requirement applied. The Charter does not permit derogation even in times of emergency, and the State's actions could not be justified by domestic law or national security concerns.

Citation
article 19 v state of eritrea communication 275 of 2003 2007 achpr 79 30 may 2007
Parties
Complainant: Article 19; Respondent: The State of Eritrea
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
30 May 2007
Procedural Posture
Communication (individual Complaint) / Decision on Merits After Admissibility
Outcome
Violation found; recommendations issued
Legal Topics
Arbitrary Detention, Freedom of Expression, Right to Fair Trial, Judicial Independence, Incommunicado Detention, Freedom of the Press, Compensation for Human Rights Violations
Source Language
English
Human Rights Law International Law Arbitrary Detention Freedom of Expression Right to Fair Trial Judicial Independence Incommunicado Detention Freedom of the Press +1 more

Case Brief

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Parties

Article 19

Complainant

The State of Eritrea

Respondent

Procedural Posture

Communication (individual Complaint) / Decision on Merits After Admissibility

Legal Issues

  1. 1 Whether the incommunicado detention of journalists without trial violates the African Charter on Human and Peoples' Rights
  2. 2 Whether the ban on the private press violates the right to freedom of expression under the Charter
  3. 3 Whether the failure to bring detainees to trial within a reasonable time constitutes a violation of fair trial rights

Ratio Decidendi

The Commission found that the incommunicado detention of journalists without charge or trial for over five years, the ban on the private press, and the denial of access to legal representation and families constituted violations of Articles 1, 5, 6, 7(1), 9, and 18 of the African Charter. The State failed to demonstrate that domestic remedies were available, effective, or sufficient, and the exceptions to the exhaustion requirement applied. The Charter does not permit derogation even in times of emergency, and the State's actions could not be justified by domestic law or national security concerns.

Court Disposition

Violation found; recommendations issued

Orders

  • The government of Eritrea is urged to release or bring to a speedy and fair trial the 18 journalists detained since September 2001.
  • The government is urged to lift the ban on the press.