Communication 704/18 - Berhane Abrehe Kidane (represented by Solomon Weldekirstos and Eritrean Law Society) v. Eritrea (merits)

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Commission's decision on Merits

188. In light of the foregoing, the African Commission:

a. Declares that:

a. Articles I, 2, 3, 4, 5, 6, 7, 9(2), 12(1)(2),13(1) and 16(1) of the African Charter on Human and Peoples' Rights have been violated;

b. The African Commission further calls on the Respondent State to:
i. Immediately release the Victim from arbitrary detention and ensure that he enjoy full due process rights, in case the Respondent States desires to take further legal action against him;
ii. Urgently facilitate immediate access to medical treatment of his preference;
111. Urgently ensure the payment of adequate compensation of the Victim, for violation of his rights.

b. The African Commission further urges the Respondent State to report on the steps it has taken to implement these decisions in accordance with Rule 112(2) of its Rules of Procedure, within one-hundred and eighty (180) days.

Adopted during the 78th Ordinary Session, held virtually from 20 February to 8 March 2024