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Republic of Djibouti v State of Eritrea (Communication 478-14)

African Commission on Human and Peoples' Rights · [2022] ACHPR 10 · 2022 Application Granted AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Application for withdrawal of communication at merits stage before the African Commission on Human and Peoples' Rights
Decision
Communication withdrawn by complainant state and closed by the Commission

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 granted the Republic of Djibouti's request to withdraw Communication 478/14 against the State of Eritrea. The communication alleged violations of the African Charter through detention of Djiboutian prisoners of war. Following improved bilateral relations between the states, Djibouti requested withdrawal at the merits stage. The Commission found no objection to granting the request and declared the communication closed.

Outcome

Communication withdrawn by complainant state and closed by the Commission

Facts

In February 2008, Eritrean troops entered Djiboutian territory and seized Ras Doumeira and Doumeira Island. Following a military confrontation on 10 June 2008, thirty Djiboutian soldiers were killed, one hundred and nineteen wounded, and nineteen reported missing. Djibouti alleged that these nineteen military personnel were taken as prisoners of war by Eritrea, which continuously denied holding them until two escaped in September 2011. Djibouti filed a communication with the African Commission in May 2014 alleging violations of the African Charter. The Commission declared the communication admissible in February 2019 and offered good offices for amicable settlement. Eritrea failed to respond to the settlement offer. In May 2021, citing improved bilateral relations, Djibouti requested withdrawal of the communication at the merits stage.

Issues

  1. Whether the African Commission should grant the Complainant State's request to withdraw its communication at the merits stage.

Orders

  • Request for withdrawal granted.
  • Communication declared closed.

Rules and key headnotes

African Commission Procedure — Withdrawal of Communications — Discretion to Grant
The African Commission on Human and Peoples' Rights may grant a request for withdrawal of a communication at any stage of proceedings, including at the merits stage, where the author of the communication requests withdrawal and the Commission sees no objection to granting the request.

Legislation cited (1)

  • African Charter on Human and Peoples' Rights Article 49

Full judgment

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

Republic of Djibouti v State of Eritrea (Communication 478-14) [2022] ACHPR 10 (9 March 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.