Association pour la Defence des Droits de L'Homme et des Libertes v Djibouti (Communication 133 of 1994)

Observed later treatment

No later-treatment classification is recorded for this judgment.

Citator coverage is limited to judgments in the Wakilii corpus and source-matched treatment records. Absence of a signal is not an assertion that the case remains good law.

Holding

The African Commission on Human and Peoples' Rights closed the communication alleging human rights violations by Djibouti against members of the Afar ethnic group after confirming that an amicable settlement had been reached between the complainant NGO and the respondent state. The settlement aimed to bring lasting resolution to demands of civilian victims, refugees, and displaced persons.

Outcome

Communication withdrawn and case closed following amicable settlement between the parties

Facts

An NGO from Djibouti filed a communication alleging human rights abuses by government troops against members of the Afar ethnic group in areas of renewed fighting with FRUD (Front pour la restauration de l'unité et de la démocratie). The alleged violations included extra-judicial executions, torture, and rape, naming 26 individuals who were executed, jailed without trial, or tortured. The communication was filed in April 1994 and declared admissible at the 22nd Session in November 1997. Subsequently, the complainant indicated that a protocol had been signed with the government to bring lasting settlement to demands of civilian victims, refugees, and displaced persons. Commissioner Rezag-Bara conducted a mission to Djibouti in February-March 2000 and confirmed that an amicable settlement had been concluded. The complainant formally requested the Commission to take note of the settlement in March 2000.

Issues

1. Whether the communication should be declared admissible despite the existence of an amicable settlement between the parties
2. Whether the Commission should close the case on the basis of the amicable settlement reached

Orders

• Case closed on the basis of the amicable settlement reached by the parties.

Legislation cited (12)

• African Charter on Human and Peoples' Rights Article 2
• African Charter on Human and Peoples' Rights Article 3
• African Charter on Human and Peoples' Rights Article 4
• African Charter on Human and Peoples' Rights Article 5
• African Charter on Human and Peoples' Rights Article 6
• African Charter on Human and Peoples' Rights Article 7
• African Charter on Human and Peoples' Rights Article 9
• African Charter on Human and Peoples' Rights Article 10
• African Charter on Human and Peoples' Rights Article 11
• African Charter on Human and Peoples' Rights Article 12
• African Charter on Human and Peoples' Rights Article 13
• African Charter on Human and Peoples' Rights Article 56.5

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