Wakilii

Fenta and Another v Federal Democratic Republic of Ethiopia (Communication 461-13)

African Commission on Human and Peoples' Rights · [2022] ACHPR 25 · 2022 Communication Partially Admissible AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication to the African Commission on Human and Peoples' Rights alleging violations of the African Charter arising from criminal convictions under Ethiopia's 2009 Anti-Terrorism Proclamation
Decision
Communication declared partially admissible and referred to the merits stage

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 held the Communication partially admissible. The Commission found that the Complainants satisfied the requirements under Articles 56(1), (3), (4), and (6) of the African Charter. The Commission further held that local remedies had been exhausted where the Cassation Division of the Federal Supreme Court has jurisdiction only over fundamental errors of law and the Complainants' grounds of appeal fell outside that narrow scope.

Outcome

Communication declared partially admissible and referred to the merits stage

Facts

The First Complainant, Eskinder Nega Fenta, was arrested on 14 September 2011 after publishing an online column criticising Ethiopia's 2009 Anti-Terrorism Proclamation. He was detained without access to legal counsel or family contact until formally charged on 10 November 2011. On 13 July 2012, the Federal High Court sentenced him to 18 years imprisonment. His appeal to the Federal Supreme Court was dismissed on 2 May 2013, though one charge was dropped. He did not pursue cassation review. The Second Complainant, Reeyot Alemu, was arrested on 21 June 2011 after publishing an article criticising the Ethiopian Government. She was sentenced to 14 years imprisonment and a fine on 26 January 2012. The Federal Supreme Court reduced her sentence to 5 years on 31 July 2012. The Cassation Division upheld her conviction on 8 January 2013. She was unexpectedly released on 9 July 2015. Both Complainants alleged violations of their rights to freedom of expression, fair trial, and health under the African Charter.

Issues

  1. Whether the Communication is admissible under Article 56 of the African Charter, specifically whether it is compatible with the Charter, whether local remedies have been exhausted, and whether the matter has been settled by another international mechanism.
  2. Whether the Cassation Division of the Federal Supreme Court of Ethiopia constitutes an effective remedy that must be exhausted before bringing a communication to the African Commission.
  3. Whether the requirement to exhaust local remedies applies where the domestic judicial system does not afford due process of law for the protection of rights enshrined in the African Charter.

Orders

  • Communication declared partially admissible.
  • Parties invited to present written submissions on the merits.

Rules and key headnotes

Admissibility of Communications — Compatibility with the African Charter — Article 56(2)
A Communication is compatible with the African Charter where it is brought against a State Party by a person competent to do so, concerns violations that occurred after the State's ratification of the Charter, and alleges prima facie violations of rights protected by the Charter.
Exhaustion of Local Remedies — Effectiveness of Remedies — Article 56(5)
For domestic remedies to satisfy the exhaustion requirement under Article 56(5) of the African Charter, they must be available, effective, and sufficient. A remedy is effective only if it offers a prospect of success and is capable of adequately and timely redressing the specific violation suffered.
Exhaustion of Local Remedies — Cassation Review with Limited Jurisdiction
Where a cassation court has jurisdiction only over fundamental errors of law and the grounds of appeal concern factual matters or fall outside that narrow scope, the cassation remedy is not an effective remedy that must be exhausted before bringing a communication to the African Commission.
Exhaustion of Local Remedies — Exception Where Due Process Not Afforded
An exception to the requirement to exhaust local remedies applies where the domestic judicial system of the State does not afford due process of law for the protection of rights enshrined in the African Charter.
Admissibility — Settlement by Another International Mechanism — Article 56(7)
A complaint to the UN Working Group on Arbitrary Detention or to UNESCO does not constitute settlement of a matter within the meaning of Article 56(7) of the African Charter and does not bar admissibility of a Communication before the African Commission.

Legislation cited (12)

  • 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 16
  • African Charter on Human and Peoples' Rights Article 55
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 58
  • African Charter on Human and Peoples' Rights Article 62
  • African Charter on Human and Peoples' Rights Article 80
  • Ethiopian Anti-Terrorism Proclamation No. 652/2009
  • Ethiopian Criminal Code 2004
  • Ethiopian Constitution Article 80(3)(a)
  • Ethiopian Proclamation No. 25/1996 Article 10

Cases cited (12)

  • Kevin Mwanga Gunme et al v Cameroon (Communication 266/03)
  • Malawi African Association and Others v Mauritania (Communications 61/91, 96/93, 98/93, 164/97, 196/97, 210/98)
  • Zimbabwe Lawyers for Human Rights and Associated Newspapers of Zimbabwe v Zimbabwe (Communication 284/03)
  • Mussie Ephrem v Eritrea (Communication 250/02)
  • Sir Dauida K Jawara v The Gambia (Communications 147/95, 149/96)
  • Interights, Asadho et Maitre O Disu v Democratic Republic of Congo (Communications 274/03, 282/03)
  • Haregewoin Gabre-Selassie et al v Ethiopia (Communication 301/05)
  • Darfur Relief and Documentation Centre v Sudan (Communication 310/05)
  • Amnesty International v Sudan (Communication 48/90)
  • M.S.S v Belgium and Greece (Application 30696/09)
  • FIDH v Senegal (Communication 304/05)
  • Article 19 v Eritrea (Communication 275/2003)

Full judgment

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Fenta and Another v Federal Democratic Republic of Ethiopia (Communication 461-13) [2022] ACHPR 25 (2 August 2022)
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.