Odeh and Others v Arab Republic of Egypt (Communication 625 of 2016)
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 struck out the Communication for lack of diligent prosecution. The Complainant failed to submit evidence and arguments on admissibility within the initial two-month period, the extended one-month period, or the further 30-day extension granted by the Commission. More than three months elapsed after the final deadline without any submission from the Complainant despite evidence that correspondence had been received.
Outcome
Communication struck out without consideration of merits due to Complainant's failure to prosecute diligently
Facts
The Complainants filed a Communication on 04 May 2016 on behalf of Mr. Basem Kamali Mohammed Odeh alleging human rights violations by the Arab Republic of Egypt. The allegations included torture, inhumane treatment, denial of legal representation, and multiple life imprisonment sentences following a 2013 military coup. The Commission was seized of the Communication during its 20th Extra-Ordinary Session in June 2016. The Complainant was requested to present evidence and arguments on admissibility within two months by 24 August 2016 but failed to do so. The Commission granted two extensions totalling 60 additional days. Despite evidence that the Complainant received the correspondence granting the final extension, no submissions on admissibility were made even after more than three months beyond the final deadline.
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 and extended periods.
Orders
- Communication struck out for lack of diligent prosecution.
Rules and key headnotes
Legislation cited (12)
- 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 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 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.