Seth Appiah-Mensah v Republic of Ghana (Communication 684/18) [2022] ACHPR 19 (9 March 2022)

_ ,,._cHP,9 _ ,JJ'. U))) ACHPR African Commission Human and Peoples' on Rights Human Rights our Collective Responsibility COMMUNICATION 684/18 Seth Appiah-Mensah v. The Republic of Ghana Decision on Strike Out of the African Commission on Human and Peoples' Rights Communication 684/18: Seth Appiah-Mensah v. The Republic of Ghana Summary 1. The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat) received a Complaint on 12 January 2018 from Seth Appiah-Mensah (the Victim), against the Government of Ghana (the Respondent State), a State Party to the African Charter on Human and Peoples' Rights (the African Charter).1 2. The Complainant states that he served in the Ghana Armed Forces from 1983 to 2006 with distinction as a Naval Officer in various positions. 3. The Complainant states that on 03 January 2006, he applied for a voluntary release from the Navy. The Naval Headquarters responded that he could not be released until a six-month mandatory period had elapsed, pursuant to an administrative decision, which he states, does not override the Armed Forces Regulation and is contrary to Article 23 of the 1992 Constitution of the Republic of Ghana. This led to a series of meetings between the then Chief of the Naval Staff, Rear Admiral Sampa Nuno and himself in order to try and obtain his recommendation for his release. The Complainant states that, in the meantime, he had received a job offer from the United Nations (UN) with a reporting date of 30 March 2006. He notified the Navy accordingly and requested for his release to be expedited on humanitarian grounds but again, the response was negative. 4. The Complainant avers that he wrote back informing the Navy of his right of release given that he had already served over 23 years with distinction. This prompted a last meeting where Rear Admiral Nuno agreed that he could proceed on leave but would not be released until the end of the six months mandatory period. The Complainant alleges that the Rear Admiral changed his mind after he left for New York and instructed the then Flag Officer Commanding Eastern Naval Command, Vice Admiral Quashie, to initiate the process for Absent Without Official Leave (AWOL). The Complainant claims that on 26 June 2006 while the investigation was on-going, his family was forcibly and in a humiliating manner, evicted from his military accommodation at Burma Camp by armed Police with 12 hours' notice. 5. The Complainant avers that he had taken several steps to seek redress through the Ghana Armed Forces Council and the Office of the President, and that on two , ·. JtQ,� November occasions, the Armed Forces Council considered his cas 2010, responded to his Attorney, Atugba and Associatet,;tn�fF{e'HJg1l"" ommand of the Ghana Armed Forces had decided that he was fJ-1u · 1ye_ r i¾ .,-ce" and would be apprehended and prosecuted if sighted in G�a . ;(�, ,u .· ; f �A</CAIN'° �::,J-� Ghana ratified the African Charter on Human and Peoples' Rights (the African��..:March 1989. � .:A/ ,�\� io/J 6. The Complainant avers that he immediately advised his Attorney to seek redress and justice in the Courts but the Armed Forces would not grant him the relief he sought. He states that he hired a new Attorney, Ayine and Felli Associates, after Mr. Raymond Atugba became the Executive Secretary of the President of Ghana, and that his new lawyers attempt to get justice, ended only with a writ from the Fast Track Division of the High Court of Justice, Accra, on 07 July 2014, "commanding the Ghana Armed Forces to cause an appearance to be entered for it within 8 days." He alleges that instead of appearing before the Court, the Armed Forces, sent a statement of defence in August 2014 to the Court, and that upon receipt of the Statement, his lawyer informed him that he would not handle the case anymore. 7. The Complainant avers that since then, he has had botched attempts to hire a new lawyer as most of them were unwilling to take the Armed Forces to Court. He avers that he discussed his case with the Foreign Minister, Hon Shirley Ayorkor Botchway, when she visited the UN and she promised to consult with the competent authorities in Ghana, but there had been no development as far as he knew. 8. The Complainant states that his family had borne the brunt of this injustice as his children have identity and culture crisis in a foreign land where he is, that they have never enjoyed the biennial home leave which is fully paid for by the UN for staff and family, and that his siblings and extended family have also paid a heavy price as he had not visited Ghana since this incident. He adds that furthermore it has affected his health and his career as he has not been able to solicit the Government of Ghana's intervention for senior positions since he joined the UN. Articles alleged to have been violated 9. The Complainant alleges violations of Articles 7 and 12 of the African Charter. Prayers 10. The Complainant calls on the Commission to: Request the Government of Ghana (the Armed Forces) to accede to his request for a redress in Court. Procedure 11. The Secretariat received the initial Complaint on 12 January 2018 and acknowledged receipt on 18 January 2018. 13. On 15 December 2021, the Secretariat informed the Complainant that the Communication would be tabled for striking out for want of diligent prosecution, on account of the failure of the Complainant to respond to the Commission's request for submissions on the admissibility of the Communication, and further that the deadline for doing so had passed. Analysis of the Commission on Strike Out: 14. Rule 105(1) of the Commission's Rule of Procedure (2010) provides that when the Commission is seized of a Complaint, it shall request the Complainant to present evidence and arguments on the admissibility of the Communication within two (2) months. 15. Additionally, Rule 113 of the Commission's Rules of Procedure (2010) also provides that when a deadline is fixed for a particular submission, either Party may apply to the Commission for an extension of the stipulated period and the Commission may grant the said application. 16. In the present Communication, the Complainant was requested to present evidence and arguments on the admissibility of the Communication within two (2) months from the date of notification, which expired on 27 April 2018. However, the Complainant did not present any evidence and arguments within the stipulated time and neither did he apply for an extension. 17. Almost four years have lapsed since the expiry of the deadline and no evidence and arguments have been submitted by the Complainant on the Admissibility of the Communication. 18. In light of the above, the Commission finds that the Complainant has not shown any interest in prosecuting this Communication and therefore the Commission does not have sufficient information upon which to determine the Admissibility of the said Communication. 19. The Commission takes note of the following jurisprudence which were similarly struck out for want of diligent prosecution: Communication Mohammed Ali Subaie v. The Arab Republic and 639/16 Mr. Mohammed Abdel Hay Faramawy Dr. Abdel Hay Faramawy and 4 Ors) v. Arab Republic Communication Others v. Egypt;4 Communication Communication Leone. 623/16: Miles Investments 387 /10: Kofi Y amagnan�·:..,� 544/15 European Alliance & 2 Others v. Repub ·· f-<. Si' for Human Rights (AEQ and 3 Communication and 2 Ors (Represented 612/16: Ahmed 637/16 by of Egypt;3 of Egypt; "-i<' d 0t ,f�-;;s''\ ..,.,,. . � � �) 'IJ �.r/, ° 2 I i\ � -'l(;_ - ,\<: 9� U,q 0 3 t'-?(Wt � · t:- ...,:P.� Communication 6 12/16: Ahmed Mohammed Ali Subaie v. The Arab Republic ofEg Communication 637/16 and 639/16 Mr. Mohammed Abdel Hay Faramawy and 2 Ors t,� F,ef�firei:IEBfpr: 01:s PEUI'\. Abdel Hay Faramawy and 4 Ors) v Arab Republic of Egypt (2019) ACHPR Communication 544/15 European Alliance for Human Rights (AED) and 3 Others v. Egypt (20 8 Communication 387/10: Kofi Yamagnane v. Togo (2015) ACHPR 6 Communication 623/16: Miles Investments & 2Others v. Republic of Sierra Leone (2020) ACHPR 5