Dahrooj and Others v Arab Republic of Egypt (Communication 614 of 2016)
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 failed to submit evidence and arguments on admissibility within the two-month deadline prescribed by Rule 105(1), despite being granted two extensions totalling an additional 60 days. More than three months elapsed after the final deadline with no submissions received, demonstrating no interest in prosecuting the Communication.
Outcome
Communication struck out without consideration of merits
Facts
Three Egyptian nationals alleged human rights violations by the Arab Republic of Egypt following a military coup in July 2013. The First Victim, a retired tax manager, was allegedly arrested in May 2014, charged with spying, sentenced to life imprisonment, and subjected to torture and inhuman treatment in Scorpio Prison. The Second Victim, his son and a dentist, was allegedly arrested the same day, sentenced to two years imprisonment, and subjected to torture. The Third Victim, a minor student, was allegedly arrested in July 2014, charged with joining a banned group, and sentenced to five years imprisonment. The Complainants filed a Communication with the African Commission on 31 March 2016 alleging violations of multiple provisions of the African Charter. The Commission was seized on 6 April 2016 and requested submissions on admissibility by 4 July 2016. Despite two extensions granted by the Commission, the Complainant failed to submit any evidence or arguments on admissibility.
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 time despite multiple extensions.
Orders
- Communication struck out for lack of diligent prosecution.
Rules and key headnotes
Legislation cited (17)
- 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 14
- African Charter on Human and Peoples' Rights Article 15
- African Charter on Human and Peoples' Rights Article 17
- African Charter on Human and Peoples' Rights Article 19
- African Charter on Human and Peoples' Rights Article 56(6)
- African Charter on Human and Peoples' Rights Article 60
- African Charter on Human and Peoples' Rights Article 61
- Rules of Procedure of the African Commission Rule 105(1)
- Rules of Procedure of the African Commission Rule 113
Cases cited (4)
- Mohammed Ramadan Mahmoud Fayad Allah v Arab Republic of Egypt (Communication 594 of 2015)
- Ahmed Mohammed Ali Subaie v Arab Republic of Egypt (Communication 612 of 2016)
- Journal Echos du Nord v Gabon (Communication 412 of 2012)
- Kofi Yamagnane v Republic of Togo (Communication 387 of 2010)
Full judgment
The original judgment as reported. Read the original PDF before relying on any passage.