Ahmed (represented by the Organization of European Alliance for Human Rights and Ors) v Egypt (Communication 615-16)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission struck out the Communication for lack of diligent prosecution. The Complainant was granted multiple extensions to submit evidence and arguments on admissibility but failed to do so despite receiving notification. More than three months elapsed after the final extended deadline without any submission from the Complainant.
Outcome
Communication struck out without consideration of merits due to Complainant's failure to prosecute
Facts
On 31 March 2016, the Secretariat received a Communication on behalf of Mr. Medhat Mohammed Bahieddin Ahmed, an Egyptian English teacher born in 1972. The Complainants alleged that on 07 February 2016, security forces stormed the Victim's house, destroyed furniture, and kidnapped him. The Victim was in hiding until 14 February 2016 when security forces presented him to his family. On 24 February 2016, the public prosecutor released him, but security forces forcibly took him again. His whereabouts remained unknown. The Complainants alleged forced disappearance, torture, and violations of the African Charter. The Commission was seized during its 58th Ordinary Session in April 2016. The Complainant was requested to submit evidence and arguments on admissibility within two months but failed to do so despite multiple extensions and reminders.
Issues
- Whether the Communication should be struck out for lack of diligent prosecution where the Complainant failed to submit evidence and arguments on admissibility within the stipulated and extended time periods.
Orders
- Communication struck out for lack of diligent prosecution.
Rules and key headnotes
Legislation cited (2)
- African Charter on Human and Peoples' Rights Articles 5, 6, 7, 8, 19, 60
- African Charter on Human and Peoples' Rights Article 56(6)
Cases cited (4)
- Abdel Hadi, Ali Radi & Others v. Republic of the Sudan
- Abdel Moneim Abdel Allah v. the Arab Republic of Egypt
- Mohammed Ali Subaie v. the Arab Republic of Egypt
- Journal Echos du Nord v. Gabon
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.