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Citation
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Judgment date
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| November 2024 |
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Applicant alleged judicial bias against self-represented litigants; Commission found no violations by the respondent state.
Judicial impartiality; self-represented litigants; right to be heard (Article 7); exhaustion of local remedies; summary dismissal of leave to appeal; application of domestic procedural law; no established discrimination under Articles 2 and 3.
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6 November 2024 |
| October 2024 |
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Court dismissed applicants' eviction application for lack of personal jurisdiction due to respondent's missing Article 34(6) declaration.
Jurisdiction – Personal jurisdiction – Article 34(6) Declaration required for individuals to access the Court; Application treated as new despite link to earlier case; Preliminary examination under Rule 49(1); Lack of declaration renders application inadmissible.
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16 October 2024 |
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Provisional-measure requests to release a detained political opponent and secure his candidacy were dismissed pending merits.
Provisional measures – prima facie jurisdiction – requirements of extreme gravity, urgency and irreparable harm – provisional relief cannot duplicate merits – requests requiring assessment of domestic proceedings fall to the merits.
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3 October 2024 |
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Court ordered provisional stay of a decree and presidential dismissals to protect judicial independence pending merits.
Human rights — Provisional measures — Article 27(2) Protocol — extreme gravity, urgency, irreparable harm; Judicial independence — separation of powers — executive power to dismiss judges; Stay of implementation of law and presidential decree; Prima facie jurisdiction under Charter and Protocol.
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3 October 2024 |
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Publication request on presidential candidacy was moot; other election-related provisional measures dismissed as merits issues.
Electoral law – provisional measures – mootness of publication request – requirements for provisional measures: extreme gravity, urgency and irreparable harm – merits-related electoral challenges (sponsorship requirement, Bulletin No. 3, validation of rejected candidacies, composition of electoral management body) not suitable for provisional relief.
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3 October 2024 |
| August 2024 |
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Communication inadmissible for failure to exhaust local remedies after default judgment rescission; Articles 56(5) and (6) unmet.
Admissibility — Article 56(5) & (6) African Charter — exhaustion of local remedies — rescission of default judgment reopens domestic proceedings — leave to appeal dismissals do not equate to merits adjudication.
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2 August 2024 |
| June 2024 |
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Communication admissible for most claims due to undue domestic delays, but Commission found no violation of the African Charter and dismissed reliefs.
• Admissibility — exhaustion of local remedies — undue prolongation by judicial authorities; • Human rights — right to participate in government (Article 13) and equality (Article 3); • Fair trial — right to hearing, appeal and trial within reasonable time (Article 7) — judicial delays and bench composition; • Prohibition of torture and degrading treatment (Article 5) — requirement of cogent evidence; • Remedies — Commission declines relief where no Charter violations established.
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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 chieftainship is unlawful sex discrimination; State must reform law and customary practice.
Human rights — Gender discrimination — Customary succession — African Charter and Maputo Protocol — Commission’s contentious jurisdiction over Protocol — Obligation to eliminate discrimination in law and custom — Recommendation to amend Chieftainship Act to permit first‑born daughters’ succession.
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3 May 2024 |
| March 2024 |
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Respondent State violated Articles 1, 5, 6 and 7 through torture, arbitrary detention and denial of fair trial.
Human rights — Admissibility — Exhaustion of local remedies — Remedies unavailable where victim’s health, finances and well‑founded fear prevent return; Merits — Torture and ill‑treatment; Arbitrary arrest and prolonged incommunicado detention; Denial of access to counsel and prompt judicial review; State’s duty to investigate and provide reparation; Remedies: investigation, prosecution, compensation, apology, safeguards and training.
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8 March 2024 |
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State breached due-diligence obligations by failing to prevent, investigate and prosecute trafficking and discriminating against the victim.
Admissibility — exhaustion exception where domestic remedies ineffective; Trafficking & sexual exploitation — State due-diligence to prevent, investigate and prosecute; Article 5 African Charter — cruel, inhuman or degrading treatment and trafficking; Articles 2 and 18(3) — substantive equality and multiple discrimination of women; Remedies — investigations, prosecutions, legislative reform, compensation determination by domestic courts, reporting requirement.
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8 March 2024 |
| May 2023 |
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Communication alleging rendition and ill‑treatment inadmissible for failure to exhaust local remedies.
Admissibility — Article 56 — Exhaustion of local remedies; unduly prolonged proceedings; requirement that domestic remedies be available, effective and sufficient; timing under Article 56(6).
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23 May 2023 |
| November 2022 |
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Arbitrary arrest, incommunicado detention and unfair trial breached multiple African Charter rights; State ordered compensation and legal reforms.
Human rights — Arbitrary arrest and incommunicado detention — Torture and inhuman treatment (Article 5) — Right to personal liberty (Article 6) — Fair trial: prompt access to counsel and judicial review (Article 7(1)(c),(d)) — Freedom of expression and association (Articles 9(2),10) — Admissibility: exhaustion of domestic remedies excused where remedies ineffective; UN Working Group not a treaty‑body under Article 56(7) — NISS/GIS immunity and National Security Act problematic — Remedies: compensation, investigation, prosecution, legislative and detention reforms (Robben Island Guidelines, fair trial principles).
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9 November 2022 |
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Communication struck out for want of diligent prosecution after complainant failed to file admissibility submissions or seek extension.
* Procedure – Admissibility – Obligation on Complainant to submit admissibility arguments within time fixed under Rule 105(1). * Procedure – Extensions – Rule 113 permits time extensions but applicant must request them. * Procedure – Lack of diligent prosecution – failure to file admissibility submissions or seek extension for over two years grounds for striking out communication. * Provisional measures – grant of provisional measures does not prevent procedural striking out where complainant fails to prosecute.
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9 November 2022 |
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Communication alleging mass evictions struck out for want of diligent prosecution after failure to submit admissibility materials.
Human rights — Evictions and land disputes — Procedural law — Admissibility — Rule 105(1) (two‑month admissibility submissions) — Rule 113 (extensions) — Strike out for want of diligent prosecution — Withdrawal of counsel — Overlap with African Court proceedings.
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9 November 2022 |
| August 2022 |
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Respondent failed to prevent, investigate and remedy torture, rape, arbitrary detention and related Charter violations.
African Commission — Admissibility: constructive exhaustion where threats and intimidation render domestic remedies ineffective; Sexual violence in custody — rape and gang‑rape can amount to torture; State duty of due diligence — obligation to conduct prompt, impartial and effective investigations and to provide reparation; Violations found: Articles 1,2,3,5,6,7(1)(a),9(2),10(1),11,12(1)–(2) of the African Charter; Remedies: compensation, prosecution, institutional reform, safeguards and training.
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2 August 2022 |
| May 2022 |
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The respondent State violated detainees' rights through torture, unfair trials, and arbitrary death sentences contrary to the African Charter.
* Human rights / criminal justice – admissibility – exhaustion of local remedies – undue delay of Constitutional Court proceedings; * Prohibition of torture – Article 5 – physical and psychological abuse, denial of medical care, shackling and incommunicado detention; * Fair trial – Article 7 – denial/restriction of prompt access to counsel, delayed arraignment, defective special/Anti‑Terrorism procedures, coerced confessions, ineffective appeals; * Right to life – Article 4 – death sentences imposed after unfair trials constitute arbitrary deprivation of life; * State obligation – Article 1 – failure to respect and give effect to Charter rights; * Remedies – reform of anti‑terrorism laws, investigations, prosecution, compensation, training and safeguards.
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13 May 2022 |
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The respondent violated the Batwa’s indigenous rights by evicting them from ancestral lands without consultation or redress.
Admissibility — domestic remedies unavailable/unduly prolonged; Indigenous peoples — recognition of Batwa and collective rights; Property — customary occupation equates to property rights; Forced eviction without resettlement — violations of life, health, culture, religion and development rights; Remedies — restitution, demarcation/titling, compensation, community fund, removal of non‑Batwa, public apology, training.
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13 May 2022 |
| March 2022 |
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Communication alleging arrest and death sentence struck out for want of diligent prosecution.
Communications – Admissibility – Rule 105(1) obligation to file admissibility arguments – Rule 113 extension procedure – Strike out for want of diligent prosecution – Prior Commission jurisprudence supporting strike out.
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9 March 2022 |
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Communication alleging clemency and death‑penalty violations struck out for lack of diligent prosecution.
Procedure – Strike out for want of diligent prosecution – Rule 108(1) (merits submissions) and Rule 113 (extension) – failure to submit observations or seek extension – provisional measures – allegations regarding clemency process and death penalty.
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9 March 2022 |
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Communication alleging torture and Charter violations struck out for want of diligent prosecution.
* Human rights procedure – Admissibility – Rule 105(1) Rules of Procedure – requirement to file admissibility evidence and arguments within two months; * Procedural fairness – Rule 113 – extension of time may be sought but was not; * Diligent prosecution – prolonged inaction (almost four years) permits striking out; * Allegations substantiating merits included torture, incommunicado detention and violations of Articles 5, 6 and 9 of the African Charter.
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9 March 2022 |
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The Commission granted a complainant State’s request to withdraw a communication and closed the case.
Withdrawal of communications – Request by complainant State at the merits stage – Admissibility and amicable settlement attempts – Application of Rule 124 of the Commission’s Rules of Procedure – Closure of file.
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9 March 2022 |
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Annulment of a candidacy without notice or hearing violated the rights to be heard and to participate in government.
• Human rights — Admissibility — Article 56 ACHPR — exhaustion of local remedies where entity is an ad hoc highest court • Right to fair hearing — Article 7(1)(a) ACHPR — notice, opportunity to be heard, equality of arms • Political rights — Article 13(1) ACHPR — right to stand for public office; proportionality of restrictions and compatibility of electoral law • Electoral law — interpretation and application of residency requirements and challenge mechanisms
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9 March 2022 |
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The applicant's communication was struck out for want of diligent prosecution for failure to file admissibility submissions.
Procedure — Strike out for want of diligent prosecution; Rule 105(1) — obligation to file admissibility evidence within two months; Rule 113 — extension of time; failure to prosecute — dismissal for lack of sufficient information to determine admissibility.
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9 March 2022 |
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The Commission granted the complainant's request to withdraw the communication and closed the case.
* Human rights communications — Withdrawal by complainant — Commission's discretion to allow withdrawal — Procedural striking out for want of diligent prosecution — Reliance on prior jurisprudence.
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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 Egypt responsible for arbitrary detention, torture, and fair trial violations under the African Charter, requiring legislative reform and reparations.
Human rights – arbitrary detention – torture and ill-treatment – access to justice – failure to implement court orders – fair trial – legislative deficiencies – state obligations – reparations.
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20 October 2021 |
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Use of lethal force by police in dispersing a protest violated multiple Charter rights and Egypt’s obligations to refugees and migrants.
Human rights – right to life, dignity, freedom from torture and inhuman or degrading treatment; excessive use of force in dispersal of protest; right to assembly; right to property; failure to investigate deaths; Egypt’s obligations under the African Charter on Human and Peoples’ Rights; police conduct, crowd control, state accountability.
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20 October 2021 |
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Residency-based restrictions on diaspora voting by Zimbabwean citizens held lawful, non-discriminatory and proportionate under the African Charter.
Human rights – right to participate in government – restrictions on diaspora voting – residency requirements – discrimination – equal protection of the law – proportionality and necessity of restrictions on external voting – freedom of expression – interpretation of African Charter.
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20 October 2021 |
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The Commission dismissed the respondent state's request to review its merits decision, finding no valid settlement or compelling reason for review.
African Charter on Human and Peoples' Rights – Procedural law – Standing and representation before the Commission – Validity of amicable settlement – Criteria for review of Commission's merits decision under Rule 111 – Requirement for party and victim consent and satisfaction in settlement – Need for new facts or compelling reasons for review.
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14 October 2021 |
| July 2021 |
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The Commission found Eswatini violated fair trial and judicial independence rights in disciplinary proceedings against a High Court judge.
Judicial independence – fair trial – impartial tribunal – disciplinary proceedings against judges – recusal of presiding officers – right to a public hearing – exhaustion of local remedies – interference with judicial functions – 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 imprisonment on journalists for criticizing public officials violate the right to freedom of expression.
Human rights – Freedom of expression – Criminal defamation – Proportionality and necessity of criminal sanctions – Journalistic speech, public debate and criticism of public officials – Presumption of innocence – Legal certainty – African Charter, arts 7 & 9
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16 April 2021 |
| September 2020 |
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A dissolved juridical entity lacks standing to submit a communication before the African Commission under Article 56(1) of the Charter.
African Charter on Human and Peoples’ Rights – admissibility of communications – locus standi – requirement that a complainant must be a legally recognized entity at the time of filing – effect of dissolution of juridical person prior to complaint – exhaustion of local remedies – mass media evidence.
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9 September 2020 |
| August 2020 |
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Communication dismissed for failure to exhaust local remedies and comply with admissibility requirements under the African Charter.
African Charter on Human and Peoples' Rights – admissibility of communication – local remedies – requirement to exhaust domestic remedies – judicial review and human rights proceedings under Nigerian law – inadmissibility due to failure to exhaust remedies and submit within reasonable time.
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17 August 2020 |
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A complaint regarding violations of fair trial and related rights was ruled inadmissible for delayed submission after exhausting remedies.
Human Rights – African Charter – admissibility of communications – failure to submit complaint within a reasonable time after exhaustion of local remedies – fair trial rights – right to equality before the law – exhaustion of domestic remedies.
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17 August 2020 |
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A complaint against the State was struck out for want of diligent prosecution after complainants failed to submit admissibility arguments.
Human rights – African Charter on Human and Peoples’ Rights – admissibility – diligent prosecution – communication struck out for failure to comply with procedural requirements – Rule 105(1) of Rules of Procedure.
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17 August 2020 |
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16 August 2020 |
| November 2018 |
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The Commission held Sudan responsible for serious and massive violations of human rights, including arbitrary detention, torture and denial of fair trial.
Human rights – fair trial – independence of judiciary – arbitrary detention – torture and cruel, inhuman or degrading treatment – extra-judicial executions – religious discrimination – freedom of association and expression – failure to ensure effective remedies – violation of African Charter.
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15 November 2018 |
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A complaint was struck out for lack of diligent prosecution after the complainant failed to meet admissibility requirements.
African Charter on Human and Peoples' Rights – Individual communication – Strict compliance with procedural requirements – Failure to submit admissibility arguments – Dismissal for want of diligent prosecution – Inactivity by complainant
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13 November 2018 |
| October 2018 |
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A communication was struck out by the African Commission for want of diligent prosecution due to failure to submit admissibility arguments.
African Commission procedure – admissibility – failure to submit arguments on admissibility – want of diligent prosecution – striking out communication – procedural requirements and case management.
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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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A complaint alleging human rights violations was struck out for failure to prosecute and non-compliance with procedural requirements.
African Charter on Human and Peoples' Rights – Admissibility – Diligent prosecution – Striking out of communication for failure to prosecute – Rules of procedure – Extension of time for submissions.
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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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Complaint alleging mass human rights violations struck out by the Commission for lack of diligent prosecution.
Human rights – African Charter – procedure – admissibility requirements – diligence in prosecution – striking out for want of prosecution – institutional rules of procedure – failure to comply with deadline – academic freedom – right to fair trial – suppression of dissent.
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18 October 2018 |
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Where a complainant fails to submit admissibility arguments or engage with the process, the African Commission will strike out the communication.
African Commission procedure – striking out communication – failure by complainant to submit arguments on admissibility – lack of diligent prosecution – Rule 105(1), Rule 113, Rules of Procedure.
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18 October 2018 |
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A complaint was declared inadmissible for failing to meet language and exhaustion of remedies requirements under the African Charter.
African Charter on Human and Peoples' Rights – Admissibility – Use of disparaging language – Exhaustion of local remedies – Undue prolongation – Inadmissibility due to non-compliance with admissibility requirements under Article 56.
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18 October 2018 |
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The Commission struck out the complaint for lack of diligent prosecution due to non-submission of admissibility arguments.
Human Rights – African Commission procedure – Admissibility – Diligent prosecution – Complaint struck out for failure to submit on admissibility within extended deadlines.
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18 October 2018 |
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Selective denial of amnesty violated equal protection and fair trial rights; Uganda ordered to compensate for Charter breaches.
Human rights – Right to equal protection of the law – Grant of amnesty – Selective denial of amnesty – Right to a fair trial – Reasoned judgment – Delay in judicial proceedings – Interpretation and application of amnesty laws post-conflict – African Charter on Human and Peoples’ Rights, Articles 3, 7(1)(a) and (d).
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17 October 2018 |
