Elshenna v Arab Republic of Egypt (Communication 592 of 2015)

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 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 more than three months elapsing since the final extended deadline. 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

The Complainant alleged that Hesham Hamid Elshenna, an Egyptian national, was arrested on 23 January 2015 on fabricated charges following a military coup in Egypt in July 2013. The Complainant alleged the victim was tortured while detained at Mazalah prison, denied medical attention for a severe eye condition, and subjected to inhumane treatment including poor ventilation, denial of visitation rights, and lack of access to medication and clean water. The Complainant alleged the victim was referred to Military Judiciary in Case No. 1793 of 2015. The Communication was filed with the African Commission on 15 December 2015 alleging violations of multiple articles of the African Charter. The Commission was seized of the matter in February 2016 and requested submissions on admissibility by 07 May 2016. Despite multiple extensions, the Complainant failed to submit the required evidence and arguments on admissibility.

Issues

1. 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 and extended periods.

Orders

• Communication struck out for lack of diligent prosecution.

Rules and key headnotes

Legislation cited (14)

• 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 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

Cases cited (4)

• Mohammed Ramadan Mahmoud Fayad Allah v Arab Republic of Egypt (Communication 591 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)

The original judgment as reported. Read the original PDF before relying on any passage.