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Emil Touray and Saikou Jammeh (represented by IHRDA and Sagar Jahateh) v The Republic of The Gambia (Communication 705 of 2018) [2020] ACHPR 5 (16 August 2020)
- Citation
- [2020] ACHPR 5
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Withdrawal and Closure
- Case number
- Communication 705 of 2018
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Withdrawal and Closure
- Case number
- Communication 705 of 2018
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission found no objection to the withdrawal request submitted by the complainants' representatives, who confirmed they were acting on behalf of and under the instructions of the complainants. The Commission, therefore, granted the request and declared the communication closed, in accordance with its rules and established practice regarding voluntary withdrawal of complaints.
Court disposition
communication withdrawn and closed
Orders
- The request for withdrawal is granted.
- The communication is declared closed.
02
Material facts
Parties
Emil Touray
Applicant Counsel: IHRDA and Sagar JahatehSaikou Jammeh
Applicant Counsel: IHRDA and Sagar JahatehThe Republic of The Gambia
Respondent03
Procedural history
Posture
Communication / Withdrawal and Closure
04
Questions and positions
Legal issues
Whether the request for withdrawal and discontinuation of the communication by the complainants' representatives should be granted.
Party arguments
- Applicant
- The applicants, through their representatives, requested withdrawal and discontinuation of the communication, stating they were acting on behalf of and under the instructions of the complainants.
- Respondent
- The respondent did not object or submit arguments regarding the withdrawal request.
05
Court’s reasoning
Legal principles
- 01
African Commission on Human and Peoples' Rights Rules of Procedure
A party may withdraw a communication before the African Commission if the request is made by authorized representatives acting on instructions of the complainants.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission found no objection to the withdrawal request submitted by the complainants' representatives, who confirmed they were acting on behalf of and under the instructions of the complainants. The Commission, therefore, granted the request and declared the communication closed, in accordance with its rules and established practice regarding voluntary withdrawal of complaints.
Court disposition
communication withdrawn and closed
- The request for withdrawal is granted.
- The communication is declared closed.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
AFRICAN UNION
الاتحاد لأفريقي African Commission on Human & Peoples' Rights
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de l'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<br>E-mail: au-banjul@africa-union.org; Web www.achpr.org
Communication 705/18
Emil Touray and Saikou Jammeh (represented by IHRDA and Sagar Jahateh)
The Republic of The Gambia
Adopted by the African Commission on Human and Peoples' Rights during the 64<sup>th</sup> Ordinary Session from 24<sup>th</sup> April to 14<sup>th</sup> May 2019 Sharm El-Sheikh, Arab Republic of Egypt
Commissioner Soyata Maiga Chairperson of the African Commission on Human and Peoples' Rights
S-DWARRICKIN L'HOMME ET D'
Dr. Mary Maboreke Secretary to the African Commission on Human and Peoples' Rights
DECISION OF THE AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS ON WITHDRAWAL
Communication 705/18 – Emil Touray and Saikou Jammeh (represented by IHRDA and Sagar Jahateh) v The Republic of The Gambia
Summary of the Application for Withdrawal
- 1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat) received a Complaint on 12 September 2018 from Emil Touray and Saikou Jammeh (the Complainants), represented by IHRDA and Sagar Jahateh, against The Republic of The Gambia. - 2. The African Commission on Human and Peoples' Rights (African Commission) seized the Communication during its 63<sup>rd</sup> Ordinary Session, held from 24 October to 13 November 2018. - 3. A request for withdrawal and discontinuation of the case before the African Commission was received from the representatives of the Complainants on 16 April 2019. The representatives submit that in requesting the withdrawal they are acting on behalf of and under the instructions of the Complainants in this Communication.
Analysis of the African Commission
- 4. The Commission sees no objection in granting this request. - 5. For this reason the Commission decides to grant the request for withdrawal.
Decision of the African Commission
6. Based on the above, the Commission declares the Communication closed.
Done in Sharm el Sheikh, Egypt during the 64<sup>th</sup> O rdnary Session held from 24 April to 14 May 201 9
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