[2020] ACHPR 5
The African Commission found no objection to the withdrawal request submitted by the complainants' representatives, who confirmed they were acting on behalf of and under the instructions of the complainants. The Commission, therefore, granted the request and declared the communication closed, in accordance with its...
Source-derived case information.
- Citation
- [2020] ACHPR 5
- Parties
- Applicant: Emil Touray; Applicant: Saikou Jammeh; Respondent: The Republic of The Gambia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 705 of 2018
- Procedural Posture
- Communication / Withdrawal and Closure
- Outcome
- communication withdrawn and closed
- Legal Topics
- Human Rights Complaints, Withdrawal of Communication, African Charter on Human and Peoples Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Emil Touray
Applicant
Saikou Jammeh
Applicant
The Republic of The Gambia
Respondent
Procedural Posture
Communication / Withdrawal and Closure
Legal Issues
- 1 Whether the request for withdrawal and discontinuation of the communication by the complainants' representatives should be granted.
Ratio Decidendi
The African Commission found no objection to the withdrawal request submitted by the complainants' representatives, who confirmed they were acting on behalf of and under the instructions of the complainants. The Commission, therefore, granted the request and declared the communication closed, in accordance with its rules and established practice regarding voluntary withdrawal of complaints.
Court Disposition
communication withdrawn and closed
Orders
- The request for withdrawal is granted.
- The communication is declared closed.
Full Case Text
Judgment text and source record
25 paragraphs
**AFRICAN UNION**
الاتحاد لأفريقي African Commission on Human & Peoples' Rights
**UNION AFRICAINE**
**UNIÃO AFRICANA**
Commission Africaine des Droits de l'Homme & des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region, P. O. Box 673, Banjul, TheGambia Tel: (220) 4410505/ 4410506; Fax: (220) 4410504<br>E-mail: au-banjul@africa-union.org; Web www.achpr.org
# **Communication 705/18**
# **Emil Touray and Saikou Jammeh (represented by IHRDA** and Sagar Jahateh)
# **The Republic of The Gambia**
Adopted by the African Commission on Human and Peoples' Rights during the 64<sup>th</sup> Ordinary Session from 24<sup>th</sup> April to 14<sup>th</sup> May 2019 Sharm El-Sheikh, Arab Republic of Egypt
**Commissioner Soyata Maiga** Chairperson of the African Commission on Human and Peoples' Rights
**S-DWARRICKIN** L'HOMME ET D'
Dr. Mary Maboreke Secretary to the African Commission on **Human and Peoples' Rights**
## DECISION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' **RIGHTS ON WITHDRAWAL**
Communication 705/18 – Emil Touray and Saikou Jammeh (represented by IHRDA and Sagar Jahateh) v The Republic of The Gambia
#### Summary of the Application for Withdrawal
- 1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat) received a Complaint on 12 September 2018 from Emil Touray and Saikou Jammeh (the Complainants), represented by IHRDA and Sagar Jahateh, against The Republic of The Gambia. - 2. The African Commission on Human and Peoples' Rights (African Commission) seized the Communication during its 63<sup>rd</sup> Ordinary Session, held from 24 October to 13 November 2018. - 3. A request for withdrawal and discontinuation of the case before the African Commission was received from the representatives of the Complainants on 16 April 2019. The representatives submit that in requesting the withdrawal they are acting on behalf of and under the instructions of the Complainants in this Communication.
### Analysis of the African Commission
- 4. The Commission sees no objection in granting this request. - 5. For this reason the Commission decides to grant the request for withdrawal.
### Decision of the African Commission
6. Based on the above, the Commission declares the Communication closed.
Done in Sharm el Sheikh, Egypt during the 64<sup>th</sup> O rdnary Session held from 24 April to 14 May 201 9
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