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Citation
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Judgment date
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| November 2024 |
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Commission finds no Charter violations where domestic courts applied established procedural rules to self‑represented litigants.
Admissibility — exhaustion of local remedies; Civil procedure — right of appearance and representation of juristic persons; Legal aid — scope limited to criminal matters under domestic law; Fair trial — impartiality and reasons for judgments; Equality and non‑discrimination — burden to prove differential treatment; Remedies — Commission declines relief where domestic courts applied established law.
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6 November 2024 |
| October 2024 |
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The Court dismissed the applicants' case for lack of personal jurisdiction because the State had not deposited the Article 34(6) Declaration.
* Jurisdiction – personal jurisdiction – requirement of Article 34(6) Declaration for direct applications by individuals and NGOs.
* Procedural law – preliminary examination of jurisdiction under Rule 49(1) of the Rules of Court.
* Res judicata / identity of cause – distinction between a new application and matters already determined in prior Application No. 006/2012.
* Interim relief – inability to grant interim or substantive relief where personal jurisdiction is lacking.
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16 October 2024 |
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Court dismissed provisional measures for release and candidacy, finding those requests to be merits issues requiring factual assessment.
* Provisional measures – jurisdiction – prima facie jurisdiction suffices for provisional requests.
* Provisional measures – requirements – extreme gravity/urgency and risk of irreparable harm are cumulative.
* Provisional measures – preventive nature – cannot be used to decide merits or substitute for merits assessment.
* Electoral rights – candidacy – measures affecting eligibility require factual assessment of domestic proceedings and fall within merits.
* Compliance with previous provisional orders – alleged non‑compliance does not automatically justify relief that determines merits.
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3 October 2024 |
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Court provisionally stayed decree empowering presidential dismissal of judicial officers due to threat to judicial independence.
Human rights – Provisional measures; Judicial independence – Executive power to dismiss judges; Separation of powers – Risk of undue executive interference; Article 27(2) Protocol – extreme gravity, urgency, irreparable harm; Stay of implementation of contested legislation and decree.
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3 October 2024 |
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Publication request became moot; other provisional-measures requests dismissed as touching the merits.
Provisional measures – prima facie jurisdiction; mootness of publication request; provisional measures cannot decide matters touching merits; electoral candidacy requirements (sponsorship, Bulletin no. 3); suspension of electoral management body.
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3 October 2024 |
| August 2024 |
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Communication inadmissible: domestic remedies not exhausted after rescission of default judgment, breaching Article 56(5) and (6).
* Admissibility – Article 56 – Exhaustion of local remedies – Rescission of default judgment reopens proceedings, domestic remedies not exhausted. * Admissibility – Article 56(6) – Reasonable time – not considered where Article 56(5) not satisfied. * Procedural law – Commission declines to hear matter pending final domestic adjudication.
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2 August 2024 |
| June 2024 |
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Commission found procedural delays but no proven violations of the African Charter; all reliefs dismissed.
• Admissibility — exhaustion of local remedies — undue prolongation of domestic remedies due to judicial and administrative delay.
• Human rights — fair trial and access to justice — Article 7: alleged delays, bench composition and procedural rulings.
• Equality and non‑discrimination — Article 3: alleged differential treatment in parliamentary and judicial processes.
• Prohibition of torture — Article 5: assessment of alleged psychological torture.
• Political rights — Article 13: right to participate in government and challenge of parliamentary speaker election.
• Relief — inadmissibility of unexhausted contempt claim; no violations found on the merits; prayers dismissed.
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3 June 2024 |
| May 2024 |
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23 May 2024 |
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Blanket exclusion of first‑born daughters from chieftaincy is discriminatory and breaches equality protections under the Charter and Maputo Protocol.
Human rights – Gender discrimination – Traditional leadership succession – Whether statutory and customary exclusion of first‑born daughters from chieftaincy violates Articles 1, 2, 3, 13, 17 and 18(3) of the African Charter and Articles 2, 3, 8, 9 and 17 of the Maputo Protocol; admissibility (exhaustion of domestic remedies); Commission’s competence to interpret and apply the Maputo Protocol post‑establishment of the African Court.
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3 May 2024 |
| March 2024 |
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Commission found violations: torture, arbitrary detention, denial of fair trial and failure to investigate; ordered remedies.
Admissibility — exhaustion of local remedies: unavailability and ineffectiveness due to severe ill‑health, financial incapacity and well‑founded fear; Torture and ill‑treatment — conduct meeting UNCAT/Commission threshold; Arbitrary arrest and prolonged incommunicado detention — violation of Article 6; Denial of prompt judicial review and access to counsel — breach of Article 7; State duty to investigate and provide reparations — Article 1 obligations; Remedies — investigation, prosecution, compensation, apology, safeguards and training.
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8 March 2024 |
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State liable for failing to prevent, investigate and prosecute trafficking and gender‑based sexual violence; remedies ordered.
African human rights law – Admissibility (Article 56) – exhaustion of domestic remedies exception where remedies ineffective; due‑diligence of State to prevent, investigate and prosecute trafficking and gender‑based sexual violence; victim mistreatment and unlawful detention by police; substantive equality approach to discrimination under Articles 2 and 18(3); reparations and referral to domestic courts for quantum.
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8 March 2024 |
| May 2023 |
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Communication inadmissible: complainants failed to exhaust available domestic remedies, including appeals.
Admissibility — Article 56 — Exhaustion of local remedies — Availability, effectiveness and sufficiency of domestic remedies — Undue prolongation — Separate exhaustion for each complainant — Communication declared inadmissible for non‑exhaustion.
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23 May 2023 |
| November 2022 |
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Arbitrary incommunicado detention, denial of counsel and unfair trial violated Charter rights; State ordered compensation and reforms.
Admissibility — exhaustion of domestic remedies; unduly prolonged remedies; scope of Article 56(7) — UN Working Group not a treaty‑based settlement; Human rights — arbitrary arrest and incommunicado detention; torture/inhuman treatment (Article 5); right to liberty (Article 6); fair trial — prompt access to counsel and impartial tribunal (Article 7); freedom of expression and association (Articles 9 and 10); State positive obligations and legislative reform (Article 1).
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9 November 2022 |
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Communication struck out for lack of diligent prosecution after failure to file admissibility submissions.
Human rights – Refugee/deportation allegations; Procedural law – Admissibility submissions under Rule 105(1); Extension under Rule 113; Failure to prosecute; Commission’s power to strike out communications.
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9 November 2022 |
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Communication alleging imminent evictions struck out for want of diligent prosecution after failure to file admissibility submissions.
Commission procedure – Rule 105(1) (admissibility submissions) – Rule 113 (extensions) – failure to prosecute – strike out for want of diligent prosecution; admissibility determination impossible without Complainant submissions; precedents cited.
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9 November 2022 |
| August 2022 |
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Commission finds rape in custody amounted to torture and Sudan violated multiple Charter rights; orders reparations and reforms.
Human rights — Sexual violence in custody — Rape constituting torture — State's duty to investigate and provide effective remedies — Exhaustion and reasonable time where threats and intimidation render domestic remedies ineffective — Gender‑based discrimination and violations of freedoms of expression, assembly and association.
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2 August 2022 |
| May 2022 |
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Special anti‑terror trials, torture and prolonged domestic remedies violated the applicants' rights to life, dignity and fair trial.
Human rights — admissibility — exhaustion of local remedies — undue delay; Non‑international armed conflict — applicability of Common Article 3 and Additional Protocol II as standards for treatment of detainees; Torture and cruel, inhuman or degrading treatment — prohibition and obligation to investigate; Fair trial — right to counsel, prompt arraignment, prohibition of coerced confessions, effective appeals; Death penalty — arbitrary deprivation of life where imposed after unfair trial; Anti‑Terrorism courts — procedural rules inconsistent with Charter guarantees.
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13 May 2022 |
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Whether the respondent’s eviction of an indigenous people without consultation, compensation or resettlement violated multiple African Charter rights.
Indigenous peoples; land and customary tenure; forced eviction and exclusion from protected areas; exhaustion of domestic remedies; non‑discrimination; rights to life, health, culture, religion, property, development and a healthy environment; restitution and reparations.
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13 May 2022 |
| March 2022 |
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Communication struck out for want of diligent prosecution after Complainant failed to file admissibility submissions.
Administrative procedure – Admissibility – Rule 105(1) (two-month submission requirement) – Failure to prosecute – Rule 113 (extension) – Strike out for want of diligent prosecution; Request for interim measures (suspension of death penalty) not considered on merits due to procedural default.
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9 March 2022 |
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Communication challenging death‑penalty procedures struck out for want of diligent prosecution after no merits submissions were filed.
• Human rights procedure – Failure to prosecute – Strike out of Communication for want of diligent prosecution under Rules 108(1) and 113.
• Procedure – Obligations of Complainants to submit observations on merits and to seek extensions where necessary.
• Admissibility and merits – Commission cannot determine merits in absence of claimant’s submissions.
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9 March 2022 |
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Communication struck out for want of diligent prosecution after failure to file admissibility submissions.
Procedure — Admissibility — Rule 105(1) — Complainant required to submit admissibility evidence within two months — failure to comply and no extension sought under Rule 113 — Communication struck out for want of diligent prosecution; substantive allegations under Articles 5, 6 and 9 not adjudicated.
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9 March 2022 |
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The Commission granted the applicant State’s withdrawal of an interstate communication and closed the case under Rule 124.
* Human rights procedure – interstate communication – Withdrawal by author State – Application of Rule 124 of the Commission’s Rules of Procedure (2020).
* Procedural law – admissibility and merits stages – effect of withdrawal after admissibility and partial exchange of merits submissions.
* Settlement and good offices – offer of amicable settlement and lapsed negotiations – respondent’s consent to withdrawal.
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9 March 2022 |
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The respondent violated the applicant's rights to a fair hearing and to stand for election by unlawful disqualification.
• Human rights – Electoral law – Residency requirement for presidential candidates – scope and effect of domestic residency rules; • Fair trial/right to have cause heard – audi alteram partem; equality of arms – requirement to notify and allow adequate time to prepare defence; • Political rights – right to stand for office/participate in government – limits must be lawful, objective, reasonable and proportionate; • Admissibility – exhaustion of local remedies where CES decisions are final and not appealable; • Commission procedure – proceeding on complainant’s uncontested submissions where State fails to reply.
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9 March 2022 |
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Communication struck out for want of diligent prosecution after failure to file admissibility materials within prescribed time.
Administrative law; communications procedure – failure to prosecute – Rule 105(1) and Rule 113 of the Commission’s Rules of Procedure; admissibility – requirement to file evidence and arguments within prescribed period; strike out for want of diligent prosecution; prior jurisprudence supporting strike out.
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9 March 2022 |
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The Commission granted the applicant's request to withdraw a human-rights communication alleging unlawful death sentences and special courts, and closed the file.
* Human rights procedure – Withdrawal of communications – Whether complainant may withdraw a communication – Commission’s practice regarding striking out for want of diligent prosecution; * Procedural law – Diligent prosecution – Failure to respond to admissibility requests may lead to striking out but withdrawal can be granted.
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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.
Human rights—arbitrary and unlawful detention—torture—denial of fair trial—systemic failure to implement court orders—lack of remedies and safeguards—right to family, health, and religion—need for legislative reform and compensation—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.
Human rights – excessive use of force by law enforcement – right to life – right to dignity and freedom from ill-treatment – right to peaceful assembly – right to property – right to health – right to family life – remedies for violations – 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.
Human rights – right to participate in government – right to vote – residency requirement – absentee voting – discrimination – equality – interpretation of African Charter on Human and Peoples’ Rights – propriety of limiting franchise to residents and government officials abroad.
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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.
Human rights – Amicable settlement – Standing in representation – Requirements for valid amicable settlement under ACHPR Rules – Review of merits decision – No new evidence or compelling reason for review – Dismissal of motion for review.
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14 October 2021 |
| July 2021 |
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Disciplinary removal of a judge by a non-impartial tribunal, and punishment for language in a judgment, breached fair trial and judicial independence rights.
Human rights – right to fair trial – judicial independence – disciplinary removal of judge – impartiality of tribunal – right to public hearing – compensation and procedural reforms ordered – African Charter on Human and Peoples’ Rights, Articles 1, 7, 26.
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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.
Freedom of expression – criminal defamation and insult – custodial sentences – compatibility with African Charter – requirements of legality, legitimacy, necessity, and proportionality – protection of reputation of public officials versus public debate – fair trial rights – admissibility.
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16 April 2021 |
| September 2020 |
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A complaint was declared inadmissible due to the dissolved status of the Complainant at the time of submission.
African Charter on Human and Peoples’ Rights – locus standi – admissibility – Article 56(1) – requirement for juridical/legal personality of complainant at time of submission – dissolution of complainant – Communication declared inadmissible.
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9 September 2020 |
| August 2020 |
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A complaint alleging state failure to investigate a custodial death was inadmissible for non-exhaustion of domestic remedies under the African Charter.
Human rights – Admissibility – Exhaustion of local remedies – Right to life and effective investigation – African Charter, Article 56 – Domestic remedies must be pursued before regional mechanisms intervene.
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17 August 2020 |
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A complaint of fair trial violations was declared inadmissible due to unexplained delay in submission after exhaustion of local remedies.
Human rights – Admissibility of communications – African Charter on Human and Peoples' Rights – Article 56(6) – Reasonable period for submitting complaints after exhaustion of local remedies – Requirement to exhaust judicial, but not non-judicial, remedies – Delay in submission without justification – Inadmissibility of communication.
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17 August 2020 |
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Communication struck out for want of diligent prosecution due to complainants’ failure to submit admissibility arguments.
Procedure – African Commission on Human and Peoples’ Rights – want of diligent prosecution – failure to submit arguments on admissibility – strike out for non-compliance with procedural rules.
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17 August 2020 |
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The Commission closed the case following the complainants' request to withdraw and discontinue the proceedings.
African Commission – procedure – withdrawal of communication – request for discontinuation of proceedings – closure of communication upon withdrawal by complainants
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16 August 2020 |
| November 2018 |
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The Sudanese government's arbitrary detentions, torture, executions, and denial of fair trials were held to violate the African Charter.
Human rights – Arbitrary detention – Torture – Extrajudicial executions – Fair trial rights – Independence of the judiciary – Religious discrimination – Freedom of expression and association – State of emergency – Non-derogable rights – African Charter on Human and Peoples' Rights.
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15 November 2018 |
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A complaint was struck out for lack of diligent prosecution due to the complainant's failure to submit admissibility arguments.
Procedure—African Commission on Human and Peoples' Rights—admissibility—striking out for lack of diligent prosecution—failure to submit arguments and evidence within prescribed timelines—extensions and procedural deadlines.
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13 November 2018 |
| October 2018 |
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The Commission struck out the communication for failure to submit required arguments and evidence on admissibility.
African Charter – Procedure – dismissal for want of prosecution – failure to submit on admissibility – non-compliance with deadlines – communication struck out.
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18 October 2018 |
The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
18 October 2018 |
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The Commission struck out the communication due to the complainant's failure to prosecute the case diligently within time limits.
African Charter on Human and Peoples' Rights – communication procedure – admissibility – striking out for want of diligent prosecution – failure to submit required submissions within prescribed time despite extensions.
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18 October 2018 |
The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
18 October 2018 |
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A complaint was struck out for lack of prosecution due to failure to submit required admissibility arguments within deadline.
African Charter – admissibility – communication struck out – lack of submissions on admissibility – want of diligent prosecution – Rules 105(1) and 113 of the Commission's Rules of Procedure.
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18 October 2018 |
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A communication was struck out due to the complainant's failure to prosecute and comply with procedural requirements on admissibility.
African Charter – procedure – admissibility – failure to prosecute complaint – communication struck out for lack of diligent prosecution.
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18 October 2018 |
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A complaint was declared inadmissible for failing to exhaust local remedies and for use of disparaging language against the judiciary.
African Charter – Admissibility – exhaustion of local remedies – disparaging language – requirements under Article 56 – inadmissibility of communication for non-compliance with admissibility criteria.
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18 October 2018 |
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A complaint alleging gross human rights violations was struck out due to the complainant's failure to prosecute the case diligently.
African Commission – Communication procedure – Diligent prosecution – Admissibility – Failure to submit on admissibility – Striking out of communication
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18 October 2018 |
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Refusal to grant amnesty to a former combatant, when others similarly situated were granted amnesty, violated equal protection rights under the Charter.
Human rights – amnesty for former combatants – right to equal protection of the law – fair trial – prohibition of discrimination in application of amnesty law – prolonged detention and judicial delay – obligation of reasoned judicial decisions – concurrent application of international humanitarian law and the African Charter.
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17 October 2018 |