[2015] ACHPR 4

[2015] ACHPR 4

The African Commission determined that, upon receipt of a formal request for withdrawal from the complainant, and in the absence of any objection or compelling reason to continue, it is appropriate to strike the communication off the list. The Commission's practice and procedural rules allow for closure of a communication at the complainant's request, especially where the matter has not proceeded to substantive determination. The Commission thus declared the communication closed, respecting the applicant's autonomy and the procedural integrity of its processes.

Citation
[2015] ACHPR 4
Parties
Applicant: Simon Weldehaimanot; Respondent: State of Eritrea
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
7 August 2015
Case Number
Communication 349/07
Procedural Posture
Communication / Withdrawal Before Determination on Admissibility
Outcome
Communication struck off the list and declared closed upon applicant's withdrawal request.
Legal Topics
African Charter Rights, Withdrawal of Communication, Admissibility Procedure
Source Language
English
Public International Law Constitutional Law African Charter Rights Withdrawal of Communication Admissibility Procedure

Case Brief

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Parties

Simon Weldehaimanot

Applicant

State of Eritrea

Respondent

Procedural Posture

Communication / Withdrawal Before Determination on Admissibility

Legal Issues

  1. 1 Whether the African Commission should proceed with the communication after the applicant requests withdrawal.
  2. 2 Whether the communication should be struck off the list upon withdrawal by the complainant.

Ratio Decidendi

The African Commission determined that, upon receipt of a formal request for withdrawal from the complainant, and in the absence of any objection or compelling reason to continue, it is appropriate to strike the communication off the list. The Commission's practice and procedural rules allow for closure of a communication at the complainant's request, especially where the matter has not proceeded to substantive determination. The Commission thus declared the communication closed, respecting the applicant's autonomy and the procedural integrity of its processes.

Court Disposition

Communication struck off the list and declared closed upon applicant's withdrawal request.

Orders

  • The communication is struck off the Commission's list of communications.
  • The communication is declared closed.