Results.
480 judgments found.
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| March 2026 |
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An application may be struck out under Rule 65 where applicants fail to pursue proceedings or respond to Court directions.
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Civil procedure — striking out — Striking out permits re‑institution after cure — Rule 65(1) discretion; restoration under Rule 65(3)
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Human rights — Jurisdiction despite withdrawal of Article 34(6) declaration — No bearing on pending cases filed before withdrawal took effect
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25 March 2026 |
| December 2025 |
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Court finds partial non‑compliance by the State with reparations orders and orders immediate implementation and reporting.
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Civil procedure — Compliance monitoring — jurisdiction
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— inadequate consultation and recognition of indigenous peoples
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— non‑compliance with reparations: unpaid pecuniary awards
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Civil procedure — publication and reporting obligations — provisional measures declined
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4 December 2025 |
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Failure to provide constitutional review mechanisms violated the applicant’s right to a fair trial, but not her right to terminate marriage.
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Human rights
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— Fair trial — Constitutional Court declination to review matters of legality/community law does not necessarily violate Article 7(1)(a) of the Charter — Whether absence of an operational Constitutional Court denies access to constitutional review and the right to have one’s cause heard
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— Family law — Termination of marriage — Effect of appeal on finality of divorce and equality in application of law
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4 December 2025 |
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Applicant failed to prove extreme gravity, urgency and irreparable harm; provisional measures to stay enforcement were dismissed.
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Human rights — Provisional measures — requirements of extreme gravity, urgency and prevention of irreparable harm — Burden on applicant to provide concrete evidence
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Jurisdiction — Prima facie jurisdiction for provisional measures — Jurisdiction under the African Charter and the Protocol — Article 34(6) Declaration
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4 December 2025 |
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Court reopened pleadings and allowed the Respondent’s out‑of‑time response under Rule 46(3) in the interest of justice.
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Civil procedure — Procedure
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— context: death‑penalty case involving killing of a person with albinism
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— Reopening pleadings
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2 December 2025 |
| October 2025 |
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Application struck out for failure to pursue proceedings and inability to locate applicant; restoration allowed on good cause.
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Civil procedure — Procedure — Striking out
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9 October 2025 |
| September 2025 |
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Court reopened pleadings and admitted respondent’s post‑closure submission on new electoral legislation in the interests of justice.
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Civil procedure — Procedure — Reopening pleadings
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15 September 2025 |
| August 2025 |
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Court reopened pleadings to admit Respondent’s additional election-related evidence, denying applicants’ request for an expedited decision.
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Civil procedure — Procedure — Reopening pleadings
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5 August 2025 |
| June 2025 |
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Court affirms jurisdiction and admissibility, including extraterritorial reach, over inter-State human-rights claims arising from an internationalized armed conflict.
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Civil procedure — Inter-state human-rights jurisdiction — extraterritorial jurisdiction in armed conflict — internationalization by State involvement — admissibility: non-judicial procedures, abuse of process, exhaustion of local remedies, media-sourced evidence, lis pendens/res judicata
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26 June 2025 |
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By default, the Court found removal from the voters’ register based on a final criminal conviction did not breach the applicant’s rights.
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Civil procedure — Procedure
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— Default judgment against a State
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— Jurisdiction and admissibility
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— Exhaustion of local remedies
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— Reliance on finality of criminal convictions (certificate of non-opposition)
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— Presumption of innocence
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— Restrictions on political participation
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— Proportionality of electoral disqualifications
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— Voter registration
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26 June 2025 |
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Mandatory death sentences and hanging violate the rights to life and human dignity; no assessor bias found.
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Jurisdiction
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— admissibility — exhaustion of local remedies
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— fair trial
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— assessor impartiality
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— equality before the law
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— hanging
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— cruel, inhuman or degrading treatment
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— reparations and domestic law reform
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— mandatory death penalty — arbitrariness
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26 June 2025 |
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Application declared inadmissible for failure to exhaust local remedies; Court rendered judgment in default after State’s non‑response.
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Civil procedure — Default (ex parte) judgment — Failure of State to file response — Court’s power to enter judgment in default (Rule 63(1))
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Human rights — Admissibility and exhaustion of local remedies — Exhaustion of local remedies before domestic courts
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Jurisdiction — Competence despite withdrawal of Article 34(6) declaration — Effectiveness of withdrawal subject to one‑year period
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26 June 2025 |
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Failure to deliver two appellate judgments in open court violated the applicant's fair trial right; property claim dismissed.
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Civil procedure
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— Fair trial — delivery of judgments in open court
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— Human rights jurisdiction — admissibility — exhaustion of local remedies
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— Property rights — auction disputes
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— Reparations — moral damages and publication orders
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— State responsibility — acts of judicial organs
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26 June 2025 |
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Mandatory death penalty and hanging, police brutality, and ineffective state-provided counsel violated the applicant’s Charter rights.
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Human rights
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— Capital punishment — Mandatory death penalty — Removal of judicial discretion violates Article 4 (right to life)
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— Dignity — Police brutality and failure to investigate — Prohibition of torture and obligation to investigate and provide medical care
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— Fair trial — Right to Legal Assistance — Obligation to provide free counsel in serious criminal cases where interests of justice require it
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26 June 2025 |
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Request to suspend prosecutor’s summons dismissed for lack of urgency and irreparable harm.
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Human rights — Provisional measures — requirements of extreme gravity, urgency and prevention of irreparable harm — Prima facie jurisdiction and effect of applicant’s delay on urgency
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26 June 2025 |
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Application declared inadmissible for failure to exhaust domestic remedies amid ongoing criminal proceedings.
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Civil procedure — Default judgment — Court’s discretion to enter judgment where defendant fails to file defence
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Human rights — Admissibility and exhaustion of local remedies — Exhaustion of local remedies before domestic courts
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Jurisdiction — Personal jurisdiction — Withdrawal of Article 34(6) Declaration
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26 June 2025 |
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Whether promotion criteria application and a judicial reversal breached equality and appeal rights under the African Charter.
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Human rights — equality before the law
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— Administrative selection and alleged discrimination in police promotions — Burden of proof and requirement for substantiation
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— Lawfulness of Supreme Court jurisprudential reversal and non‑discrimination
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Human rights — Right to be heard and effective remedy (Article 7(1), 7(1)(a)) — Appeal time‑limits and service requirements — Article 7(1)(a) of the African Charter
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26 June 2025 |
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Court dismissed provisional measures request as it would prejudge the merits despite prima facie jurisdiction.
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Human rights — Provisional measures
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— Provisional measures cannot pre‑judge the merits
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— requirements of extreme gravity, urgency and prevention of irreparable harm
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Jurisdiction — Prima facie jurisdiction for provisional measures — Whether Court may exercise jurisdiction despite availability of regional WAEMU remedies
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26 June 2025 |
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Applicant’s challenge to amnesty law and post‑election killings dismissed for failure to exhaust domestic remedies.
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Amnesty law; post‑election violence; right to life; right to dignity; right to a fair hearing; jurisdiction of African Court to review Charter compliance (not as appellate court); power to order repeal as remedial measure; inadmissibility for failure to exhaust effective domestic remedies (Constitutional Court).
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26 June 2025 |
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Application inadmissible for failure to exhaust available Constitutional Court remedies; Court otherwise affirms jurisdiction.
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Criminal law — Admissibility — exhaustion of local remedies
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26 June 2025 |
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The Court struck an NGO and non-consenting States for lack of jurisdiction; the case proceeds against six qualifying States.
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Jurisdiction — Admissibility of applicants and respondents — NGO standing and observer status before the African Commission
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17 June 2025 |
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Court exercised its discretion to reopen pleadings and deemed a late respondent’s Response properly filed.
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Civil procedure — Re-opening of pleadings — Court’s discretion under Rule 46(3) and inherent powers under Rule 90 — Granting extension and deeming late response filed
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Human rights — Jurisdiction despite withdrawal of Article 34(6) declaration — No bearing on pending cases filed before withdrawal took effect
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2 June 2025 |
| May 2025 |
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Court reopens pleadings and gives Tanzania seven days to file a response in an electoral political‑participation rights case.
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Civil procedure — Procedure — Reopening pleadings
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20 May 2025 |
| February 2025 |
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The Court reopened pleadings in an electoral-rights application and admitted two organisations as amici curiae.
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Election law
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— Elections — Right to participate
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— IHRDA) — Service of additional submissions and 30-day response period
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28 February 2025 |
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Court lacks jurisdiction to adjudicate claims against the AU/AUC because they are not State Parties to the Protocol.
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Jurisdiction — African Court — international organisations not parties to the Protocol (AU/AUC) cannot be sued before the Court — manifest lack of jurisdiction (Femi Falana precedent)
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12 February 2025 |
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Failure to provide automatic free legal aid for a serious charge violated the applicant’s right to a fair trial.
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Human rights
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— Fair trial — free legal assistance for indigent accused charged with serious offence
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— Remedies and reparations — Legislative amendment, publication and reporting obligations
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Jurisdiction — admissibility — Review of domestic proceedings for conformity with Charter standards — Power to order reparations including legislative measures
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5 February 2025 |
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Application dismissed as inadmissible for failure to pursue available cassation remedy in alleged fair-trial claims.
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5 February 2025 |
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Application dismissed as inadmissible for failure to exhaust available domestic remedies under Tunisian procedure.
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Human rights
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— Admissibility and exhaustion of local remedies — Exhaustion of local remedies before domestic courts — Whether lack of counsel or ignorance excuses failure to appeal to the Cour de Cassation, and requirement that domestic remedies be available, effective and not unduly prolonged
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— Jurisdiction — Scope of the African Court’s material jurisdiction to examine alleged Charter violations without acting as an appellate court
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5 February 2025 |
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State liable for widespread violence against persons with albinism for failing to prevent, investigate and redress abuses.
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Human rights — Persons with albinism
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— Admissibility: NGOs' locus standi and exhaustion of local remedies
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— Non-discrimination and due-diligence obligations
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— Reparations: fund, legislative reform, national plan and implementation reporting
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— Right to health and education
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— State liability for failure to prevent, investigate and prosecute attacks
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— Children's rights, trafficking and best interests
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5 February 2025 |
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Court found mandatory death penalty and hanging unlawful, ordered vacatur of sentence, new sentencing and legislative reform.
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Criminal law
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— Mandatory death penalty — Violation of right to life
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— Method of execution (hanging) — Violation of inherent dignity
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— Remedies — Vacation of death sentence, new sentencing hearing, reparations, publication and implementation reporting
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Human rights — Jurisdiction and admissibility — Exhaustion of domestic remedies and reasonable time
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5 February 2025 |
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Default judgment entered for State non‑participation; Application inadmissible for failure to exhaust domestic remedies.
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Civil procedure — admissibility
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— exhaustion of local remedies required
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— Withdrawal of Article 34(6) declaration has no retroactive effect on pending applications
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Civil procedure — Costs — each party bears own costs
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Civil procedure — Default judgment — State’s failure to respond despite service
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5 February 2025 |
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Court affirms jurisdiction but declares application inadmissible for failure to exhaust domestic remedies.
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Human rights
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— Admissibility and exhaustion of local remedies — Exhaustion of local remedies before domestic courts
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— Jurisdiction — Material jurisdiction to review conformity of national proceedings with the Charter, not to act as appellate court
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— jurisdiction of African Court to review compliance of domestic proceedings with Charter standards — not an appellate role
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5 February 2025 |
| November 2024 |
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Court reopened pleadings and granted the State 30 days to file its response, exercising its procedural discretion and inherent powers.
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Human rights
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— Jurisdiction — Withdrawal of Article 34(6) Declaration — Effect on pending and newly filed cases
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— Reopening pleadings and extension of time — Court’s discretion
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29 November 2024 |
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Court dismissed applicants' request to suspend their dismissals for failure to prove urgency and irreparable harm.
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Human rights
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— Jurisdiction — Prima facie jurisdiction to indicate provisional measures — Protocol Arts. 3(1), 34(6)
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— Provisional measures — requirements of extreme gravity, urgency and prevention of irreparable harm — Applicant bears burden to prove causal link and imminence
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20 November 2024 |
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Mandatory death sentences and hanging violate rights to life and dignity; fair‑trial complaint dismissed.
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Human rights — Criminal procedure — Fair trial (Article 7) — Assessment of witness contradictions and sufficiency of evidence
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Human rights — death penalty
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— Mandatory death sentence — Compatibility with right to life (Article 4)
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— Method of execution — Hanging and violation of inherent dignity (Article 5)
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13 November 2024 |
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Fair‑trial complaints dismissed: Court finds no violations and denies reparations.
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Civil procedure — Remedies — Reparations — No reparation where Court finds no violation warranting remedy
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Criminal procedure — Evidence — Conviction on basis of exhibits and witness testimony — Whether reliance on such evidence was manifestly arbitrary or caused a miscarriage of justice
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Human rights — Fair trial — Right to appeal and to be heard — Whether refusal to stay proceedings or alleged failure to transmit appeal record breaches Article 7(1)(a)
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13 November 2024 |
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Application challenging electoral-law amendments declared inadmissible for failure to exhaust domestic remedies.
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Civil procedure — Procedure — Default — State’s failure to file response — Court may render judgment in default suo motu
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Human rights — Elections — Right to participate — Exhaustion of local remedies — Constitutional petition versus ordinary courts
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13 November 2024 |
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Application challenging patrilineal surname rule became moot after legislative amendment granting parents equal surname choice.
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Criminal law — Admissibility — exhaustion of local remedies and reasonable time — Constitutional Court remedy available and requirement satisfied
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Human rights — Equality between men and women — Family law and surname transmission — Alleged discrimination
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Jurisdiction — Material and personal jurisdiction — International court may assess compliance of domestic constitutional decisions with international human rights obligations
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13 November 2024 |
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Mandatory death penalty and hanging violate the applicant's rights to life and dignity; moral damages and resentencing ordered.
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Human rights — Criminal law
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— Cruel, inhuman or degrading treatment
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— Exhaustion of domestic remedies and default judgment
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— Mandatory death penalty
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— Violation of right to life (Article 4)Human rights
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— Violation of dignity (Article 5)Procedure
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— Admissibility & jurisdiction
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13 November 2024 |
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Mandatory death sentence and hanging violated the applicant’s rights to life and dignity; fair-trial claims were dismissed.
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Jurisdiction; admissibility (exhaustion and reasonable time); adequacy of evidence and reliance on DNA; fair trial standards; mandatory death penalty as arbitrary and violating right to life; hanging as cruel, inhuman or degrading punishment violating dignity; remedies including vacatur of mandatory death sentence, rehearing, legislative repeal, damages, publication and reporting.
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13 November 2024 |
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Application dismissed as inadmissible for failure to exhaust the available cassation remedy in domestic courts.
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Human rights
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— Admissibility and exhaustion of local remedies — Exhaustion of local remedies before domestic courts — Whether lack of counsel or ignorance excuses failure to appeal to the Cour de Cassation, and requirement that domestic remedies be available, effective and not unduly prolonged
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— Fair trial — right to defence — Requirement to exhaust available domestic remedies under Article 56 of the African Charter
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13 November 2024 |
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The applicant failed to prove violations of the rights to be heard, equal protection, or dignity; application dismissed.
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Criminal procedure
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— admissibility — exhaustion of local remedies and reasonable time
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— Dignity and prohibition of torture (Article 5) — allegations
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— Equal protection (Article 3(2)) — unsubstantiated claims
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— Right to be heard (Article 7(1)) — Assessment of evidence and single-witness rule — Burden of proof
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13 November 2024 |
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Applicant’s torture and evidence claims dismissed; Court finds mandatory death penalty and hanging violate rights, orders reforms and reparations.
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Human rights — Jurisdiction of the Court
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— Admissibility (exhaustion of domestic remedies and reasonable time)
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— Fair trial and admissibility of confession
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— Mandatory death penalty arbitrary
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— Hanging incompatible with dignity
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— Remedies: moral damages, vacating death sentence, legislative reform, rehearing and reporting
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13 November 2024 |
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Court upholds constitution’s adoption by Constituent Assembly but finds violations of judicial and legislative independence.
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Human rights — Jurisdiction and admissibility — exhaustion of local remedies — reasonable time
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Human rights — Legislative independence — suspension/dissolution of Parliament and assumption of decree-based legislative power
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Human rights — Peoples’ right to self-determination — constitutional adoption by an elected Constituent Assembly — referendum not mandatory
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Human rights — reparations — institutional remedies and reporting obligations
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Human rights — Separation of powers — judicial independence
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— abolition/replacement of constitutional oversight bodies
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— Executive interference in judges’ promotion, discipline and dismissal
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13 November 2024 |
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Court granted Kenya 90 days to file an implementation report, reserved costs, and adjourned the compliance hearing sine die.
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Civil procedure — Procedural law — Costs — Determination reserved pending further proceedings
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Human rights
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— Compliance with judgments — Adjournment to file implementation report
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— Indigenous peoples — Alleged continuing eviction of the Ogiek in the Mau Forest — To be determined at scheduled compliance hearing
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12 November 2024 |
| October 2024 |
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Court ordered suspension of detention to secure specialised medical care, finding extreme gravity, urgency and risk of irreparable harm.
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Human rights — Provisional measures — suspension of detention to enable specialist medical treatment — Protocol art 27(2)
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29 October 2024 |
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Court reopened pleadings to accept the State’s late response in a death‑penalty fair‑trial complaint.
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Civil procedure — Re-opening of pleadings — Court’s discretion under Rule 46(3) and inherent powers under Rule 90 — Acceptance of late filings in the interests of justice
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Human rights
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— Fair trial — Bias and appearance of impartiality — Whether domestic proceedings violated Articles 7 and 3(1) — (2) of the African Charter
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— death penalty — Provisional measures: stay of execution pending adjudication where there is risk of irreparable harm — Stay of execution pending determination of alleged fair‑trial violations
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28 October 2024 |
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Application dismissed for lack of personal jurisdiction because the State had not deposited the Article 34(6) declaration.
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Civil procedure — admissibility — Subsequent application based on previously determined proceedings treated as new application for jurisdictional purposes
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Human rights — Jurisdiction — Personal jurisdiction of the African Court where State has not deposited Article 34(6) declaration
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16 October 2024 |
| September 2024 |
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Application alleging prolonged pre-trial detention dismissed for failure to exhaust domestic remedies.
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Civil procedure — admissibility — exhaustion of local remedies
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Human rights — Pre-trial detention — Alleged arbitrary or prolonged detention and related fair-trial rights
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3 September 2024 |
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Court found multiple fair‑trial and torture violations and held mandatory death penalty unlawful, ordering vacatur and law reform.
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Human rights — death penalty — Mandatory sentencing — Arbitrary deprivation of life (Charter Art.4)
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Human rights — Fair trial
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— Consular assistance — VCCR Art.36 & Charter Art.7(1)(c)
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— Interpretation services — ICCPR Art.14(3)(a) & Charter Art.7(1)(c)
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Human rights — Torture and detention conditions — Police brutality, death‑row phenomenon, method of execution (hanging) — Charter Art.5
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3 September 2024 |