Bahieddin Ahmed v Egypt (Communication 615 of 2016)
Observed later treatment
No later-treatment classification is recorded for this judgment.
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Holding
The African Commission on Human and Peoples' Rights struck out the communication for lack of diligent prosecution. The complainant was granted multiple extensions totalling over three months beyond the initial two-month deadline to submit evidence and arguments on admissibility but failed to do so despite evidence of receipt of correspondence. The Commission found the complainant showed no interest in prosecuting the communication.
Outcome
Communication struck out without consideration of merits due to complainant's failure to prosecute
Facts
On 7 February 2016, security forces allegedly stormed the house of Medhat Mohammed Bahieddin Ahmed, an Egyptian national and English teacher, broke household furniture and abducted him. He was in hiding until 14 February 2016 when security forces presented him to his family. After investigations without access to a lawyer, the public prosecutor released him on 24 February 2016, but security forces allegedly forcibly took him again. His whereabouts remained unknown. The complainants alleged the incident occurred in the context of widespread human rights violations following a military coup in Egypt on 3 July 2013. The communication was filed on 31 March 2016. The Commission was seized on 6-20 April 2016 and requested admissibility submissions by 28 June 2016. The complainant failed to submit despite extensions to 23 December 2016 and a final 30-day extension granted in September 2017.
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 prescribed time limits despite multiple extensions.
Orders
- Communication struck out for lack of diligent prosecution.
Rules and key headnotes
Legislation cited (12)
- African Charter on Human and Peoples' Rights Article 1
- 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 8
- African Charter on Human and Peoples' Rights Article 19
- African Charter on Human and Peoples' Rights Article 20
- African Charter on Human and Peoples' Rights Article 56(6)
- African Charter on Human and Peoples' Rights Article 61
Cases cited (4)
- Mohammed Ramadan Mahmoud Fayad Allah v Egypt (Communication 594 of 2015)
- Ahmed Mohammed Ali Subaie v Egypt (Communication 612 of 2016)
- Journal Echos du Nord v Gabon (Communication 412 of 2012)
- Kofi Yamagnane v Togo (Communication 387 of 2010)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.