Eritrean Law Society Secures the Grant of Provisional Measures from the African Commission

Based on a request for an urgent appeal, filed on 12 October 2018, ELS has just secured the grant of Provisional Measures, delivered by the African Commission on Human and Peoples’ Rights. The Provisional Measures,

Based on a request for an urgent appeal, filed on 12 October 2018, ELS has just secured the grant of Provisional Measures, delivered by the African Commission on Human and Peoples’ Rights. The Provisional Measures, set out below, are related to the plight of Mr. Berhane Abrehe Kidane, the former Minister of International Development and Finance of Eritrea. The urgent appeal was jointly filed by ELS and Mr. Solomon H. Weldekirstos (a nephew of Mr. Kidane).

Mr. Kidane was unlawfully detained and subjected to incommunicado detention on 17 September 2018, few days after he published a two-volume book and released an audio-recorded message, critical of the President of Eritrea. His whereabouts remain unknown. He had not been brought before a competent court of law, nor has he been allowed to contact his family, a doctor, or a lawyer of his choice. No official account has been given about his predicament. He has a very poor medical history, necessitating the request for urgent appeal, based on which the Commission issued the Provisional Measures.

The Commission granted the Provisional Measures in exactly the same fashion as requested in the urgent appeal. Having decided to be seized of the matter, the Commission formally registered the complaint as: Communication 704/18 – Berhane Abrehe Kidane (represented by Solomon Weldekirstos and Eritrean Law Society) v. The State of Eritrea. The Commission also adopted the following Provisional Measures, requesting the State of Eritrea to:

End the incommunicado detention of the victim by disclosing his location, providing him with access to legal representation of his choice as well as regular and unhindered access to his family;

Inform the victim of the reason for his arrest, and bring him before a competent court of law within the shortest possible time, or alternatively if no charges are brought against the victim, to ensure his immediate release;

Provide the victim access to regular and unhindered necessary access to medical and health care, including his provisional release on bail as applicable within the domestic law to attain necessary medical treatment; and Guarantee the victim’s safety and well-being whilst in custody.
The request for Provisional Measures was communicated to the President of Eritrea in a letter dated 29 October 2018, with reference number: ACHPR/PROVM/ERI/704/18/1689/18. The Eritrean Government is requested to report back to the Commission on the implementation of the Provisional Measures within 15 days of receipt of the request.

The complainants are very grateful for the Commission’s swift action, given that the matter requires urgent intervention as requested in their joint application.

http://erilaw.org/statement-read-at-the-63rd-ordinary-session-of-the-african-commission/

aseye.asena@gmail.com

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14 COMMENTS
  • k.tewolde November 4, 2018

    Happy Sunday y’all, Hope this legal pursuit triumphs and the victim gets vindicated and even gets compensated for the damages done,the next legal action should read,the Eritrean people v. HGDEF and its domestic and foreign enterprises.It is a win win case for any international law firm which picks it up,no retainer required.

  • rezen November 4, 2018

    Well said, k.tewolde. I wholeheartedly agree. I was lost trying to find the right words, without being misread. Elegant and concise commentary [just 56 words] equivalent to thousand words. Gentle Reminder of the monumental TASK ahead for the LIBERATION of ERITREA through cohesive cooperation of ALL ERITREANS. Can we do it? The question is ours; and the answer must be ours. NO ONE ELSE.

  • Michael Tesfamariam November 4, 2018

    Nonsense! “African Commission on human and people’s right”? Has never been heard before, though it sounds like an organisation which seems to have no bascic knowledge about the fact that humans are people indeed.

    Let alone this African born useless organisation with no political and financial leverages the well known multi billion human rights organisation the so called the UN HRC has spectacularly failed to pay attention to humanright crisis in Eritrea that has been going on for 28 years. What makes Mr Berhane’s case unique from those thousands of men and women compatriots who have been reportedly dead while in prison without any due process? Or just because Mr Berhane has said something which nobody has ever said in Eritrea? Please let’s stop from being dragged into such ridiculous PR propaganda and do our job as citizens to come together and search the right approach to end this immeasurable pain that our heros are enduring under Issais and an Akologuzay born thug colonel Ghebredigil.

  • degoli November 4, 2018

    ኣየ ኢሳያስ ዓፋፍ መዋእሉ ከምዚ ዓጀውጀው ኢሉ እንዳሓሰወ ክንብር። ፋይዳ ናይዚ ንገድሊ ብፍርያቱ ፥ ብድኽነት ውርደት ፣ ባርያነት ፣ ዓቢድነት ፣ ስደት ፣ ንዓረብ ብምጉምባሕ ፣ ቋንቋታትካ ትግረ ትግርኛ ብምንዓቕ ፣ ታሪኽካ መንነትካ ብምጽላእ ፣ ኣቦሓጎታትካ ኣቦታትካ ብምንዓቕ እዩ ዝፍረድ:::

  • Sol November 5, 2018

    Michael Tesfamariam, Deholi, Mr many names do you think Amanuel Eyasu will accept your bribe.

    • Dawit November 6, 2018

      Sol the sick old parrot, because you abuse assenna with many, many garbage nicks all the time
      don’t bloody assume others like Michael and Degoli are like you a sick pathetic parrat. Get real.

      • aditekelezan November 6, 2018

        Dearest Dawit ,
        Apparently I am also accused the same person,SOL, of being,,,, Almaz ,Teklay etc. on top of being Aditekelezan . Assenna have exposed many but me .

      • aditekelezan November 6, 2018

        what I am saying is inspite of being accused of being many I am ME ,Aditekelezan . some like my message some find it repulsive , but I am neither Almaz , teklay wufuy ..etc

        • Dawit November 6, 2018

          Indeed, Aditekelezan, you are just brilliant and we all love your great messages and please keep educating our young gullible generation all the time.

          • k.tewolde November 6, 2018

            “keep educating our young gullible generation all the time.” gullible you think,that is why you and your friends trying relentlessly to wise them up with your smear tactics,leave that to HGDEF they do it better than you.

  • aditekelezan November 5, 2018

    እዋይ እንታይ ድኣ ጌራ እታ ኣንቃሒትን እዋናዊትን ርእይቶይ ተደምሲሳ ?

  • Sol November 6, 2018

    Mr many names, your comments are just bullshit like the interviews of your maniac mafia boss.

    • Danilo November 6, 2018

      Aditekelezan is telling us who is he. He is funny but stupid. Every time he comment found out of topic. Therefore, he should be banned. Apparently, boring and nonsense comments have no value but plugs malignant cancer for our society. His slogan “ኤረይ ኩሑሎ” does mean ” I stick to such blood ” .

  • aditekelezan November 6, 2018

    Danilo,
    ኣብ ሞንጎ ተስዓን ትሽዓተን ጽሉላት ሓደ ጥዑይ እንተልዩ ንሱ እዩ ጽሉል , ምኽንያቱ እቶም 99 ጽሉላት ብጽላለ ንሓድሕዶም ስለ ዝራዳድኡ !!!

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