AFRICAN UNION
UNION AFRICAINE
UNIAO AFRICANA
African Commission on Human &Peoples' Rights
Commission Africaine des Droits de I'Homme &des Peuples
31 Bijilo Annex Layout, Kombo North District, Western Region,P. O. Box 673, Banjul, TheGambia
_ Tel: (220) 4410505/4410506; Fax: (220) 4410504
E-mail: au-baniuK&africa-union.ora: Web www.achpr.org
Communication 349/07
Simon Weldehaimanot
v.
Eritrea
Adoptedby the
African Commission on Human andPeoples' Rights
during the l^Exra-Ordinary Session,from the 29July to 7August 2015
Nairobi, Kenya
Hon. Commissioner KAYITESI Zainabo
Chairperson ofthe African Commission
on Human and Peoples' Rights
Dr. Mary Maboreke
Secretary to the African Commission on
Humanand Peoples' Rights
Communication 349/07: Simon Weldehaimanot v. Eritrea
(Request for withdrawal)
Summary of the Application for Withdrawal:
1. The Complaint is submitted against the State of Eritrea1 (the Respondent
State) by Simon Weldehaimanot (the Complainant) on his own behalf, and
on behalf of Eritrean youths.
Articles alleged to have been violated:
2. The Complainant alleges violation of Articles 2, 7,12(2), 18(1) and 26 of the
African Charter on Human and Peoples' Rights (the African Charter).
Procedure
3. The Complaint was transmitted to the Secretariat of the African
Commission on Human and Peoples' Rights (the Commission) on 24
August 2007. The Communication was seized during the Commission's
43rd Ordinary Session, which was held in Ezulwini, Kingdom of Swaziland
from 07 to 22May 2008.
4. On 23 January 2009, the Secretariat sent informational letters to the parties
and requested the Respondent State to submit arguments on Admissibility.
5. The Respondent State wrote to the Commission, via Note Verbale Ref-
MO/016/2009 dated 11 February 2009, noting that a Preliminary Objection
to the Communication was delivered to the Commission via DHL on 15
December 2008.2 Additionally, the Note Verbale re-submitted the
Preliminary Objection to the Commission. However, this Note Verbale was
received and processed at the Secretariat on 09 April 2010.
6. The Respondent State submitted the Preliminary Objection, dated 24
February 2009, which was transmitted during the Commission's 45*
Ordinary Session, held in Banjul, The Gambia, from 13 to 27 May 2009.
7. By Note Verbale Ref: ACHPR/COMIVV349.07/1123/13 dated 11 October
2013, the Secretariat inquired whether the Respondent State would submit
written submissions on admissibility, or whether the Commission should
The State ofEritrea ratified the African Charter on 14 January 1999
~There is no record of this document on file.
proceed with consideration of the Communication based on the
preliminary objection.
8. On 10 December 2013, the Secretariat informed the Complainant that a
request for clarification had been transmitted to the Respondent State, and
transmitted the Preliminary Objection to the Complainant. Further, by
Note Verbale Ref: ACHPR/COMW349.07/1387/13 dated 10 December
2013, the Secretariat reiterated its request for clarification from the
Respondent State on the Preliminary Objection.
9. By NV Ref: ACHPR/COMW349.07/487/14 dated 02 April 2014, the
Secretariat once again requested clarification from the Respondent State
within sixty (60) days, and attached the previous Notes Verbale to the
Respondent State. The NV was transmitted via DHL.3
10. On 29 April 2014, the Secretariat received NV Ref: MO/308/2014 which
noted with reference to the Preliminary Objection: "The Ministry was not
aware of the need of a written submission on the Admissibility of the
Communication at that stage; otherwise itwould have done so. Therefore,
the Ministry of Foreign Affairs of the State of Eritrea kindly requests the
Secretariat to grant the Ministry for an extension of sufficient time to
submit its written statement on Admissibility of the Communication."
11. Further, on 02 May 2014, the Secretariat received a letter from the
Respondent State during the 55* Ordinary Session, held in Luanda
Angola, from 28 April to 12 May 2014, requesting a copy of the
Communication to enable the Respondent State to submit on admissibility,
and reiterating its request for an extension.
12. Through ACHPR/COMM/349.07/685/14 dated 06 May 2014, the Secretariat
informed the Respondent State of the grant of extension of sixty (60) days.
13. By Note Verbale Ref: ACHPR/COMM/349.07/750/14 dated 22 May 2014,
the Secretariat transmitted acopy of the Communication to the Respondent
State via DFTL.4 An informational letter was also sent to the Complainant
dated 22 May 2014.
14. Informational letters were sent to the parties on 31 July 2014, following the
16* Extra Ordinary Session, which noted that the extension of time granted
to the Respondent State had not expired.
DHL Receipt 70 1899 3052, delivered on 04 April 2014.
DHL Receipt 50 9892 3480, delivered on 20 May 2014.
15. Informational letters were sent to the parties on 11 March 2015, following
the 17* Extra-Ordinary Session. The Note Verbale sent to the Respondent
State, Ref: ACHPR/COMM/349.07/381/15 which was transmitted via
DHL,- granted the State an extension of thirty (30) days to file written
submissions onadmissibility.
16. On 13 March 2015, the Complainant wrote to the Secretariat requesting
withdrawal of the Communication owing to the length of time taken to
adjudicate cases. A letter acknowledging receipt was sent to the
Complainant on 18 March 2015, and an informational Note Verbale was
sent to the Respondent State.
Decision of the African Commission
17. When the Complainant notifies the Commission of the intention not to
proceed with the Commission, the Commission takes due notice thereof
and proceeds to strike the Communication off the Commission's List of
Communications.
18. Accordingly, based on the above, the Commission declares the
Communication closed.
Done in Nairobi, Kenya during the 18th Extra-Ordinary Session held from 29 July
to 07 August 2015
DHL Receipt 64 2819 6390, delivered on 16 March 2015.