Rapporteur:
29th session: Commissioner Isaac Nguema
30th session: Commissioner Sawadogo
31st session: Commissioner Sawadogo
Summary of Facts
1. The Institute submitted the complaint on behalf of Mr Sedar Tumba Mboyo for Human Rights and Development, (the Institute for Human Rights and Development is a Human Rights NGO located in Banjul, the Gambia and since October 1999 has been granted observer status with the African Commission).
2. The communication was sent by post and was received at the Secretariat of the Commission on 21st November 2000.
3. The applicant who has full powers to act on behalf of Mr. Tumba Sedar Mboyo, maintains that AFDL (the Alliance of Democratic Forces for Liberation) soldiers forced entry into Mr Sedar’s Residence, and after having brutalised and intimidated his neighbourhood forcefully took him without warrant or explanation.
4. He was bound hand and foot, kept in conditions where he could not satisfy his natural needs and subjected to “heavy handed” interrogation for three (3) days, after which he was accused of inciting a popular uprising.
5. He was then transferred and detained together with ten or so other anti-Kabila protesters in the former Mobutu military camp. Mr Mboyo affirms that he was beaten and his rights infringed upon for two days by the three soldiers guarding him.
6. Mr Mboyo was detained incommunicado for a total period of twenty three (23) days.
7. The applicant recognises that Mr Mboyo’s activities within a civilian association in which he headed some discussions in March 1998 may have led to these unfounded accusations.
8. At the 29th ordinary session held in Tripoli, the rapporteur introduced the complaint. The Commission examined the communication and decided to be seized of the matter and recommended that the parties be informed accordingly.
9. On 19th June 2001, the Secretariat of the African Commission informed the parties on the above decision and requested Respondent State to forward its written submissions within two (2) months from the date of notification of this decision
10. On 20th June the Secretariat of the African Commission requested the Institute for Human Rights and Development to furnish clarification on the measures taken by the author to exhaust local remedies or any documents on his possession proving the all allegations.
11. During the 30th Ordinary Session, the rapporteur reviewed the facts of the communication and recommended that the case be deferred to the next Session. Parties were requested to forward relevant information to the Commission on exhaustion of local remedies and on the alleged violence against the Complainant before the next Session to enable it decide on admissibility.
12. On 19th November 2001, the Secretariat of the African Commission informed the parties on the decision of the Commission and requested the Complainant and the Respondent State to forward their written submissions within two (2) months from the date of notification of this decision.
13. On 19th February 2002, a reminder was sent to the Respondent State and the Complainant to forward their submissions within the prescribed time to enable the Secretariat to proceed with the communication.
Complaint
14. The Complainant is alleging that Articles 5, 6, 7, 9, 10, 11, 13, 18 and 26 of the African Charter on Human and Peoples’ Rights have been violated.
Finding
By letter dated 6th March 2002, the Counsel for the Complainant conveyed Mr. Mboyo’s request to the Commission that the latter wished his communication be withdrawn from the Commission’s consideration.
The Commission saw no need to continue dealing with this case as the author withdrew the communication.