Results.
282 judgments found.
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| November 2024 |
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Application alleging judicial mistreatment of self‑represented litigants found unsubstantiated; no Charter violations established.
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Civil procedure — Right of audience — Representation of juristic persons by non‑lawyers
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Human rights — Admissibility — Exhaustion of local remedies — Appeal to the highest domestic court suffices as exhaustion
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Human rights — Fair trial — Legal representation
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— Right to be heard and to reasons
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— summary dismissal of leave to appeal (sufficiency of stated grounds)
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6 November 2024 |
| October 2024 |
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Court dismissed the applicants' case for lack of personal jurisdiction because the respondent had not accepted individual access.
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Access to Court — Personal jurisdiction — Article 34(6) declaration — Individual applications inadmissible against States that have not accepted individual access — New application vs. prior determined Application No. 006/2012 — Interim reliefs not considered where jurisdiction lacking.
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16 October 2024 |
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Court dismissed requests for provisional release and electoral candidacy relief, finding such relief requires merits-based determination.
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Civil procedure — Provisional measures
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— prima facie jurisdiction
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— provisional measures preventive and case‑by‑case
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— reference to access to counsel and medical care
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— refusal to order release where relief duplicates merits
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— refusal to order removal of electoral obstacles where assessment of domestic facts and merits required
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— requirements of extreme gravity, urgency and irreparable harm
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3 October 2024 |
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The Court ordered a stay of a law and decree empowering presidential dismissal of judicial officers to protect judicial independence.
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Human rights — Provisional measures — Suspension of law and executive decree — Protection of judicial independence and separation of powers
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3 October 2024 |
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Provisional measures mostly dismissed where requests required merits analysis; publication request found moot.
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Election law — candidate qualification — Publication moot where requirements published in Official Gazette prior to candidacy period
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Human rights — Provisional measures
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— provisional measures cannot pre‑judge merits
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— requirement of extreme gravity, urgency and risk of irreparable harm
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3 October 2024 |
| August 2024 |
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Communication inadmissible because domestic remedies remained available after rescission of a default judgment.
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Human rights — Admissibility
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— Exhaustion of local remedies — African Charter Article 56(5)
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— provisional measures — African Charter Article 56(6)
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2 August 2024 |
| June 2024 |
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Most claims were admissible, but the Commission found no violations of the African Charter and dismissed the complaints.
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Criminal law — Admissibility
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— Administrative and judicial delay
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— exhaustion of local remedies and undue prolongation
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Criminal law — Political participation
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— election of parliamentary speaker
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— Equality before law and non‑discrimination
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— Prohibition of torture (psychological)
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— Right to fair trial and impartial tribunal
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Criminal law — Remedies — dismissal where no Charter violation established
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3 June 2024 |
| May 2024 |
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23 May 2024 |
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State discrimination in customary chieftainship succession violated women's equality, participation and cultural rights.
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Human rights
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— Admissibility — admissibility (exhaustion of domestic remedies; timeliness) — Exhaustion of domestic remedies and timeliness (Court of Appeal finality; complaint filed within reasonable period)
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— Jurisdiction — Material jurisdiction to hear alleged breaches of the African Charter and other ratified instruments — Complementarity and Articles 45 and 66
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— Women’s rights — Sex discrimination in customary chieftainship succession — Application of the African Charter and Maputo Protocol
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3 May 2024 |
| March 2024 |
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Commission finds the State responsible for torture, arbitrary detention, denial of counsel and failure to investigate.
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Human rights
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— Fair trial (Article 7 African Charter) — Right to defence and legal assistance — Article 7 African Charter
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— Torture and ill‑treatment — State responsibility to investigate, prosecute and provide reparation — Article 5 African Charter
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— right to liberty and security of the person — arbitrary detention — Article 6 African Charter
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8 March 2024 |
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State failed due diligence by inadequately investigating, detaining and neglecting protection for a trafficked woman.
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Trafficking in persons; State due diligence to prevent, investigate and prosecute trafficking and gender‑based violence; effective investigation standards; detention and non‑punishment of trafficking victims; denial of consular assistance; exhaustion of local remedies exception; Maputo Protocol obligations; discrimination on basis of sex/gender/age/nationality.
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8 March 2024 |
| November 2023 |
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The Commission finds the State violated rights to expression, association, assembly and political participation in the 2015 elections.
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Human rights — Elections
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— Admissibility: actiopopularis and exceptions to exhaustion of domestic remedies
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— Proportionality of restrictions
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— Anti‑terrorism and media laws
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— Freedom of expression, association and assembly
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— Right to participate in government
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9 November 2023 |
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State violated multiple Charter rights through forced eviction, ill‑treatment, obstruction of justice and travel ban on counsel.
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Human rights
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— Admissibility and exhaustion of local remedies — Exception to exhaustion of local remedies where security forces block domestic redress
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— Forced eviction and unlawful occupation by military-backed private actor — State failure to protect, investigate or prosecute
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— Torture and ill-treatment — Abduction and physical abuse of counsel
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9 November 2023 |
| August 2023 |
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Whether State failure to provide housing and services violated Charter rights and whether domestic remedies were exhausted.
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Human rights — Admissibility
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— Commission jurisdiction — Review of admissibility decisions and reopening only upon new decisive evidence
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— exhaustion of domestic remedies and reasonable time — Counter‑application and finality
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Human rights — Economic and social rights — Right to adequate housing and dignity — State obligations to provide alternative accommodation and basic services
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2 August 2023 |
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State’s failure to enforce a final judgment for rape violated rights to a fair trial, property and effective remedy.
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Human rights
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— Enforcement of Court judgments — State failure to execute court-ordered compensation violates right to a fair trial and right to property
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— Maputo Protocol — State obligation to protect women in armed conflict and provide effective remedies
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— Sexual violence — Rape by a state agent as serious ill-treatment/torture and gender-based discrimination
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2 August 2023 |
| May 2023 |
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Forced genital examinations of detained female protesters amounted to torture, discrimination and multiple Charter violations by the respondent State.
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Forced genital (virginity) testing; torture and sexual violence; gender-based discrimination; freedom of assembly and expression; military justice incompatibility; exhaustion of domestic remedies; reparations and institutional reform.
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23 May 2023 |
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Communications declared inadmissible for disparaging language and failure to exhaust domestic remedies within a reasonable time.
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Criminal law — Admissibility
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— disparaging/insulting language
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— exhaustion of domestic remedies
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— reasonable time
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— Vetting Board/Supreme Court decision insufficient to excuse exhaustion
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23 May 2023 |
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Forced genital examinations of detained women constituted torture, discrimination and breaches of multiple Charter rights; State must investigate, prosecute, reform and compensate.
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Forced genital/‘virginity’ tests; sexual violence and rape in detention; torture and cruel, inhuman or degrading treatment; gender‑based discrimination; violation of freedom of expression and assembly; lack of independent and impartial military justice; state obligation to investigate, prosecute and provide effective remedies; reparations (compensation) and institutional reform.
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23 May 2023 |
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Communication inadmissible for failure to exhaust available domestic remedies and non‑compliance with Article 56(5)–(6).
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Human rights — African charter
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— Admissibility
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— Exhaustion of local remedies
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— Claims by co‑complainants not pursued domestically
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— Forcible transfer/rendition and ill‑treatment (allegations)
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— Effectiveness and availability of appeals
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23 May 2023 |
| March 2023 |
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Application of an overbroad anti‑terror law violated liberty, fair trial, religion, expression, association and assembly rights.
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Criminal procedure — fair trial — Incommunicado detention, client‑lawyer confidentiality and use of undisclosed intelligence/hearsay evidence
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Human rights
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— Counter‑terrorism law — Overbroad/vague definition of terrorism — Incompatibility with African Charter
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— exhaustion of local remedies — Whether the exhaustion requirement may be excused where local remedies are unavailable, ineffective or unreasonably prolonged — Article 56(5) African Charter
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7 March 2023 |
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Communication declared inadmissible for disparaging language and failure to exhaust domestic remedies or file within a reasonable time.
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Criminal law — Admissibility
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— disparaging/insulting language (Art.56(3))
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— exhaustion of domestic remedies and effectiveness (Art.56(5))
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— premature filing (Art.56(6))
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— ratione materiae/personae/loci/temporis jurisdiction satisfied
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7 March 2023 |
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Communications inadmissible for failing Article 56 requirements on insulting language, exhaustion of local remedies, and timeliness.
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Human rights — Admissibility
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— Disparaging or insulting language — Article 56(3)
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— Exhaustion of local remedies — Availability, effectiveness and sufficiency criteria
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— Reasonable time — Article 56(6)
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7 March 2023 |
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Commission finds State responsible for mass human-rights violations, including killings, torture, displacement and gender-based violence.
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Human rights
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— Non‑discrimination — Sexual violence as discrimination — State obligations to protect women in armed conflict
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— Right to life — Prohibition of torture
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— exhaustion of domestic remedies — availability, effectiveness and undue delay — Unavailability, State immunity and climate of fear justify waiver
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— liberty and security — State responsibility for indiscriminate attacks and abuses by security forces
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7 March 2023 |
| November 2022 |
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Communication struck out for failure to submit admissibility observations and to cooperate with procedural deadlines.
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Human rights
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— Admissibility — Diligent prosecution and striking out for failure to prosecute — Rules of Procedure (2010)
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— Transitional application of Rules — Communications submitted before 2020 fall under 2010 Rules — Rule 105(1) and Rule 113 obligations
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9 November 2022 |
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Commission finds Sudan liable for arbitrary arrest, torture, denial of counsel, and violations of expression and association rights; orders reparations and reforms.
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Human rights — Arbitrary arrest and incommunicado detention — Torture/inhuman treatment — Denial of prompt access to counsel and fair-trial guarantees — Restrictions on freedom of expression and association
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9 November 2022 |
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Alleged illegal refoulement and fair‑trial violations struck out for lack of diligent prosecution.
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Civil procedure — Procedure — Non‑submission of admissibility observations and no request for extension — Lack of diligent prosecution
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— Allegations of refoulement, incommunicado detention and unfair military trial (Articles 5, 6, 7, 11, 12 African Charter)
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— Communication struck out
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— Provisional measures granted
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9 November 2022 |
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Commission struck communication alleging imminent evictions for want of diligent prosecution after complainants failed to submit admissibility arguments.
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Human rights — Evictions — Mau Forest Complex — Alleged violations of Articles 1, 3, 5, 14 and 17 — Admissibility procedure
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9 November 2022 |
| August 2022 |
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Applicant's communication inadmissible because requested relief conflicted with AU Constitutive Act on sovereignty.
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Human rights — Admissibility
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2 August 2022 |
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Whether anti‑terrorism prosecutions breached fair trial, freedom of expression and right to health.
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Human rights
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— Admissibility — exhaustion of domestic remedies
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— Article 56(7) — parallel UNESCO proceedings not a settlement
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— Fair trial (Article 7) — prompt information of charges, prompt arraignment, access to counsel, presumption of innocence, judicial independence
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— Freedom of expression (Article 9) — overbroad anti‑terrorism laws, protection of journalistic activity
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— Provisional measures — non‑implementation
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— Right to health (Article 16) — State obligation to provide medical care in detention
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2 August 2022 |
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Admissible complaint by indigenous peoples; violation of Article 22(1) found for Kuraz due to missing/disclosed ESIA.
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Criminal law — Admissibility — exhaustion of local remedies
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Criminal law — indigenous peoples
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— environmental and human rights impact assessments
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— free, prior and informed consent and participation
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— recognition and rights
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Criminal law — right to development (Article 22) — Kuraz ESIA failure
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2 August 2022 |
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State violated Charter rights by failing to prevent, investigate and remedy torture and gang-rape and by obstructing access to justice.
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Criminal law — Admissibility — exhaustion of local remedies
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Criminal law — State due diligence
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— duty to investigate and prosecute
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— Gender-based discrimination and access to justice
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— Rights to liberty, fair remedy, expression, assembly and movement
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Criminal law — Torture and sexual violence — rape as torture
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2 August 2022 |
| May 2022 |
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The respondent violated Articles 1, 4, 5 and 7 by torturing detainees, denying fair trials, and imposing arbitrary death sentences.
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Human rights — Admissibility — Exhaustion of local remedies — Undue delay
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Human rights — death penalty
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— arbitrary when imposed after unfair trial
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— Duty to investigate and provide remedies
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Human rights — Fair trial — access to counsel, prompt trial, appeals
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Human rights — Non-international armed conflict — relevance of IHL (Common Article 3, AP II)
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Human rights — Torture and ill-treatment — prohibition, inadmissibility of coerced confessions
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13 May 2022 |
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Eviction of an indigenous forest community without consultation, resettlement or compensation violated multiple African Charter rights.
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Indigenous peoples — Ancestral land rights — Forced eviction without consultation, compensation or resettlement — Violations: nondiscrimination, life, religion, property, health, education, culture, resources, development and environment — Fortress conservation incompatible with indigenous rights — Remedies: restitution/compensation, demarcation, royalties, development fund, public apology, training.
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13 May 2022 |
| March 2022 |
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Communication alleging arrest, unfair trial and death sentence struck out for want of diligent prosecution under Commission rules.
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Human rights — Human rights commission — strike out for want of diligent prosecution
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9 March 2022 |
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The Commission struck out for want of diligent prosecution an applicant's communication challenging clemency procedures and death‑penalty concerns.
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Civil procedure — Procedure
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— Communication declared admissible
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— Context: death penalty, clemency procedures, request for mental health assessment
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9 March 2022 |
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Complainant’s failure to prosecute admissibility led Commission to strike out communication alleging torture and privacy violations.
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Civil procedure — Procedure
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— Admissibility
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— merits allegation: arrest, torture, detention, unlawful search, surveillance, restrictions on movement under Anti‑Terrorism Proclamation
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9 March 2022 |
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The Commission granted a State’s withdrawal of an interstate communication alleging unlawful detention and closed the file.
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Interstate communication — withdrawal by complainant State — admissibility and merits stage — amicable settlement offers — Rule 124 Rules of Procedure — closure of communication — allegations of detention of military personnel.
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9 March 2022 |
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The Commission found violation of the rights to be heard and to stand for office after summary disqualification without effective notice or defence.
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Human rights — Electoral Law
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— Candidate disqualification
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— Procedural fairness (audi alteram partem)
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— Equality of arms
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— Right to have cause heard (Art.7(1))
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— Exhaustion of local remedies where Special Electoral Court is final
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— Right to participate in government (Art.13(1))
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— State non‑cooperation and Commission reliance on complainant's uncontested evidence
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9 March 2022 |
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Communication alleging violations of Articles 7 and 12 struck out for want of diligent prosecution.
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Civil procedure — Procedure — Admissibility — Diligent prosecution
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9 March 2022 |
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The Commission accepted the complainant's request to withdraw the communication and declared it closed.
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Human rights — Communications procedure
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— Strike‑out for lack of diligent prosecution — Failure to respond to admissibility requests
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— Withdrawal of communication — Whether the Commission should accept a complainant's withdrawal — Commission practice
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9 March 2022 |
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Commission finds violations for unfair parliamentary trial, failure to protect from violence, and unlawful uncompensated expropriation.
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Human rights
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— Admissibility and exceptions to exhaustion — Parliamentary privileges inquiries as tribunal — Right to fair trial and impartial tribunal — State duty to protect against non-state violence
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— due diligence to investigate/prosecute — Lawful expropriation and adequate compensation under Article 14
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9 March 2022 |
| December 2021 |
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3 December 2021 |
| October 2021 |
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The Commission found systematic violations arising from arbitrary detention, torture, denial of fair trial, and lack of effective remedies.
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Human rights — arbitrary and unlawful detention
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— denial of fair trial
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— lack of remedies and safeguards
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— right to family, health, and religion
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— systemic failure to implement court orders
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— torture
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— violation of African Charter articles 1, 5, 6, 7, 8, 16, 18, 26
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20 October 2021 |
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Egypt’s violent dispersal of a peaceful refugee protest violated rights to life, dignity, assembly, property, health, and family unity.
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Human rights — excessive use of force by law enforcement
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— remedies for violations
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— right to health
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— right to life
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— right to dignity and freedom from ill-treatment
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— right to peaceful assembly
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— state obligations to investigate and provide compensation
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20 October 2021 |
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Zimbabwe's residency-based voting requirement and limited absentee voting were found consistent with the African Charter and not discriminatory.
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Human rights — right to participate in government
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— absentee voting
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— discrimination
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— equality
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— interpretation of African Charter on Human and Peoples’ Rights
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— propriety of limiting franchise to residents and government officials abroad
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— residency requirement
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— right to vote
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20 October 2021 |
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A motion for review of a merits decision was dismissed due to lack of standing, absence of valid settlement, and no new facts.
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Human rights — Amicable settlement — Standing in representation
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14 October 2021 |
| July 2021 |
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JSC disciplinary proceedings chaired by an implicated Chief Justice violated the judge's fair hearing rights and judicial independence.
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Civil procedure — Procedure — Exhaustion of domestic remedies — Practice directive barring suits against the King renders remedies unavailable
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Human rights
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— Fair trial — Impartiality of disciplinary bodies — Chief Justice presiding despite being implicated
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— judicial independence — Removal for language in judgment constituting interference with decisional independence
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19 July 2021 |
| April 2021 |
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26 April 2021 |
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17 April 2021 |
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Criminal defamation laws imposing custodial sentences violate the right to freedom of expression under the African Charter.
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Human rights — Freedom of expression
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— admissibility
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— compatibility with African Charter
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— criminal defamation and insult
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— custodial sentences
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— protection of reputation of public officials versus public debate
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— requirements of legality, legitimacy, necessity, and proportionality
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16 April 2021 |