Wakilii

Mr. Mohammed Abdel Hay Faramawy and 2 Ors (Represented by Dr. Abdel Hay Faramawy and 4 Ors) v Arab Republic of Egypt (Communication 637 of 2016; Communication 639 of 2016)

African Commission on Human and Peoples' Rights · [2020] ACHPR 4 · 2020 Communications Struck Out AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Human rights communications before the African Commission struck out for want of diligent prosecution
Decision
Communications struck out — complainants failed to prosecute

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission struck out two joined communications for want of diligent prosecution after the complainants failed to submit evidence and arguments on admissibility within the prescribed two-month period and a subsequent 30-day extension, with more than a year elapsing since the final deadline without any submission.

Outcome

Communications struck out — complainants failed to prosecute

Facts

Two communications were filed with the African Commission on behalf of three Egyptian nationals alleging violations of the African Charter arising from alleged torture, detention, and unfair trial following their arrest in July 2013. The complainants alleged the victims had rescued a suspected thief from a mob and were arrested at a police checkpoint after stating they opposed a military coup. The Commission seized the communications in December 2016 and requested submissions on admissibility within two months. The complainants failed to submit within the initial deadline of 20 February 2017. In July 2018, the Commission granted a further 30-day extension. More than a year elapsed after the extended deadline without any submission from the complainants. The respondent state requested dismissal for lack of diligent prosecution.

Issues

  1. Whether the communications should be struck out for failure of the complainants to submit evidence and arguments on admissibility within the prescribed time limits.

Orders

  • Communications 637/16 and 639/16 struck out for want of diligent prosecution.

Rules and key headnotes

Civil Procedure — Strike Out — Want of Diligent Prosecution — Failure to Comply with Time Limits
Where a complainant before the African Commission fails to submit evidence and arguments on admissibility within the prescribed two-month period under Rule 105(1) of the Commission's Rules of Procedure, and fails to comply with a subsequent extension of 30 days, the Commission may strike out the communication for want of diligent prosecution.

Cases cited (4)

  • Mohammed Ramadan Mahmoud Fayad Allah v Arab Republic of Egypt (Communication 594 of 2015)
  • Ahmed Mohammed Ali Subaie v 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.

Mr. Mohammed Abdel Hay Faramawy and 2 Ors (Represented by Dr. Abdel Hay Faramawy and 4 Ors) v Arab Republic of Egypt (Communication 637 of 2016; Communication 639 of 2016) [2020] ACHPR 4 (17 August 2020)
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.