[2007] ACHPR 79

[2007] ACHPR 79

The African Commission found that the incommunicado detention without trial of 18 journalists by Eritrea, and the ban on the private press, constituted violations of multiple provisions of the African Charter on Human and Peoples' Rights. The Commission held that the requirement to exhaust local remedies did not...

Source-derived case information.

Citation
[2007] ACHPR 79
Parties
Applicant: Article 19; Respondent: State of Eritrea
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
30 May 2007
Case Number
Communication 275 of 2003
Procedural Posture
Communication / Decision on Admissibility and Merits
Outcome
Violation of Articles 1, 5, 6, 7(1), 9, and 18 of the African Charter found against the State of Eritrea.
Legal Topics
Human Rights Violations, Arbitrary Detention, Freedom of Expression, Press Freedom, Right to Fair Trial, Judicial Independence
Source Language
english
Public International Law Constitutional Law Telecoms and Media Human Rights Violations Arbitrary Detention Freedom of Expression Press Freedom Right to Fair Trial +1 more

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Summary, issues, holding and outcome

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Parties

Article 19

Applicant

State of Eritrea

Respondent

Procedural Posture

Communication / Decision on Admissibility and Merits

Legal Issues

  1. 1 Whether the incommunicado detention without trial of 18 journalists by Eritrea violates the African Charter on Human and Peoples' Rights.
  2. 2 Whether the ban on the private press in Eritrea constitutes a violation of freedom of expression under the Charter.
  3. 3 Whether the exhaustion of local remedies requirement was met or excused under Article 56(5) of the Charter.

Ratio Decidendi

The African Commission found that the incommunicado detention without trial of 18 journalists by Eritrea, and the ban on the private press, constituted violations of multiple provisions of the African Charter on Human and Peoples' Rights. The Commission held that the requirement to exhaust local remedies did not apply because such remedies were unavailable, ineffective, and insufficient in the circumstances, given the executive's control over the judiciary, the lack of access to courts, and the State's failure to act despite ample notice. The Commission rejected Eritrea's justification based on national security and war, reiterating that the Charter does not permit derogation even in...

Court Disposition

Violation of Articles 1, 5, 6, 7(1), 9, and 18 of the African Charter found against the State of Eritrea.

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.