Decision of the Commission on the Preliminary Objection
61. In view of the above, the African Commission on Human and Peoples’ Rights:
i. Upholds the Respondent State’s Preliminary Objection; on the grounds of res judicata;
ii. Dismisses the Respondent State’s Preliminary Objection on grounds of bias, breach of confidentiality and politicisation of the matter;
iii. Dismisses the Communication and will not proceed to consider it on the merits;
iv. Reaffirms its findings in Communication 275/03: Article 19 and Eritrea that the respondent State should:
a. release or bring to a speedy and fair trial the 18 journalists (including Mr Dawit Isaak) detained since September 2001, and to lift the ban on the press;
b. grant detainees immediate access to their families and legal representatives; and
c. take appropriate measures to ensure payment of compensation to the detainees’; v. Strongly urges the Respondent State to take all necessary measures to implement its decision in the said Communication without further delay; and
vi. Notifies its decision to the parties in accordance with Rule 103 (4) of its Rules of Procedure.
Done in Banjul, the Islamic Republic of the Gambia at the 19th Extra-Ordinary Session of the African Commission on Human and Peoples’ Rights held from 16 - 25 February 2016.
