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European Alliance For Human Rights and Others v Egypt (Communication 543 of 2015)

African Commission on Human and Peoples' Rights · [2018] ACHPR 128 · 2018 Communication Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication before the African Commission on Human and Peoples' Rights alleging human rights violations
Decision
Communication struck out for failure to prosecute

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 two months to submit on admissibility, failed to do so, was granted a further 30-day extension, and still failed to submit. More than three months elapsed after the final deadline with no submission, demonstrating no interest in prosecuting the Communication.

Outcome

Communication struck out for failure to prosecute

Facts

The Complainants filed a Communication on 12 January 2015 alleging extra-judicial killings, torture, enforced disappearances, tribal segregation, unlawful arrests and disregard for fair trial standards following a coup in Egypt. The Commission was seized of the Communication during its 18th Extra-Ordinary Session in July-August 2015. The Complainant was requested to present evidence and arguments on admissibility within two months by 29 September 2015. The deadline expired on 29 November 2015 without submission. The Complainant was informed they could no longer make submissions. During the 22nd Extraordinary Session in July-August 2017, the Commission granted a further 30-day extension. The Respondent State confirmed the extended deadline expired and requested strike out. More than three months elapsed after the final deadline with no submission from the Complainant.

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 deadlines.

Orders

  • Communication struck out for lack of diligent prosecution.

Rules and key headnotes

Civil Procedure — Strike Out — Lack of Diligent Prosecution — Failure to Submit on Admissibility
Where a complainant fails to submit evidence and arguments on admissibility within the stipulated time, is granted an extension, and still fails to submit more than three months after the extended deadline, the Commission may strike out the communication for lack of diligent prosecution.

Legislation cited (8)

  • 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 19
  • 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 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

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

European Alliance For Human Rights and Others v Egypt (Communication 543 of 2015) [2018] ACHPR 128 (18 October 2018)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.