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Citation
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Judgment date
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| November 2024 |
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Whether South African courts’ treatment of self‑represented litigants violated Charter rights; Commission found no violation.
Admissibility—exhaustion of local remedies; Right to fair trial—representation, legal aid, reasons for decisions; Non‑discrimination—self‑represented litigants; Judicial independence and peoples’ rights not established; Domestic procedural rules respected.
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6 November 2024 |
| October 2024 |
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Court lacks jurisdiction to hear applicants' direct claims because the respondent state did not deposit Article 34(6).
Jurisdiction — Personal jurisdiction — Article 34(6) declaration required for individuals’ direct applications — New application vs. previously determined application (res judicata) — Rule 39(1) and Article 5 of the Protocol.
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16 October 2024 |
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Court dismissed provisional measures seeking release and electoral participation, finding they raise merits and factual issues beyond interim relief.
Provisional measures – Prima facie jurisdiction – Requirements of extreme gravity, urgency and irreparable harm – Provisional measures limited to preventive relief – Requests amounting to merits or requiring factual assessment (including electoral candidacy obstacles) are not appropriate at provisional stage – Access to counsel/medical care noted but not remedied in this ruling.
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3 October 2024 |
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Court orders stay of law and decree empowering presidential dismissal of judicial officers, protecting judicial independence pending merits.
Judicial independence; separation of powers; provisional measures; stay of implementation of law; executive power to dismiss judges; urgency and irreparable harm; Article 27(2) Protocol.
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3 October 2024 |
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Publication request moot; other provisional measures dismissed as requiring merits examination.
Provisional measures – prima facie jurisdiction – mootness of publication request – provisional measures require extreme gravity, urgency and risk of irreparable harm – requests touching merits must be dismissed – electoral candidacy requirements (sponsorship, Bulletin no.3) – ISIE composition and supervision of elections.
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3 October 2024 |
| August 2024 |
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Communication declared inadmissible for failure to exhaust domestic remedies after rescission of a default judgment.
Admissibility — Article 56 — exhaustion of local remedies — rescission of default judgment — pending domestic review — Articles 56(5) & (6) African Charter.
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2 August 2024 |
| June 2024 |
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Complaint about blocked bid for parliamentary speakership and judicial delays found admissible in part, but no Charter violations established.
Human rights — exhaustion of local remedies — undue prolongation of domestic procedures; fair trial — alleged judicial bias and delays; political participation — challenge to parliamentary Speaker election; torture — insufficient evidence of psychological torture; access to justice — delays not amounting to Charter violations.
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3 June 2024 |
| May 2024 |
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23 May 2024 |
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Whether Lesothos male‑only chieftainship succession unlawfully discriminates against the applicant under the African Charter and Maputo Protocol.
Customary law – male primogeniture – discrimination on basis of sex – equality and non‑discrimination (Articles 2, 3, 18(3) African Charter; Article 2 Maputo Protocol) – cultural and political participation rights – Commission's competence to apply Maputo Protocol post‑Court establishment – remedy: amend Chieftainship Act.
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3 May 2024 |
| March 2024 |
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Victim's severe incommunicado detention and torture violated Articles 5, 6, 7 and 1; local remedies dispensed due to unavailability and risk.
Human rights — Torture and ill‑treatment — Incommunicado detention — Arbitrary arrest and prolonged detention without charge — Right of access to counsel, consular assistance and habeas corpus — Exhaustion of local remedies dispensed where remedies unavailable, ineffective or unsafe — State obligation to investigate and provide reparations.
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8 March 2024 |
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Respondent State failed to exercise due diligence: did not protect, investigate, or prosecute trafficking and sexual‑violence against the victim.
Human rights — Trafficking in persons and sexual exploitation — State due diligence obligations to prevent, investigate and prosecute private actors — Effective investigation standards (forensic, impartiality, promptness) — Detention and denial of consular access — Gender‑based violence as discrimination — Admissibility: exhaustion exceptions where domestic remedies ineffective and victim incapacitated.
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8 March 2024 |
| November 2023 |
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State restrictions on media, assembly and association during elections violated Articles 1, 9, 10, 11 and 13(1) of the Charter.
Human rights — Elections and civic space — Admissibility of actio popularis for mass electoral violations — Exhaustion of domestic remedies exception — Freedom of expression (Article 9) — Use of anti‑terror and media laws to silence journalists — Freedom of association (Article 10) — Freedom of assembly (Article 11) — Right to participate in government (Article 13(1)) — State obligations (Article 1) — Remedies and reporting.
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9 November 2023 |
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Commission finds state responsibility for forced eviction, ill-treatment, arbitrary detention, denial of justice and orders redress.
Human rights violations — forced eviction and property destruction by security forces; arbitrary arrest, torture and assault of lawyer; travel ban and passport seizure; failure of domestic remedies due to impunity and obstruction; violations of Articles 2, 3, 5, 6, 7, 10, 12, 14, 16, 18, 25 and 26 of the African Charter; remedial and investigative measures ordered.
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9 November 2023 |
| August 2023 |
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Communication admissible but Commission finds no breach of Charter rights to housing, dignity or environment by the State.
Human rights — Housing and basic services — Admissibility: exhaustion of domestic remedies and reasonable time under Article 56 — Merits: socio‑economic rights, margin of appreciation, subsidiarity, progressive realization and proportionality — No established violation of Articles 5, 17, 18, 19, 22 and 24.
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2 August 2023 |
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Failure to enforce a final judgment for rape and theft violated the State’s obligations to provide remedy and enforce rights.
Human rights — Sexual violence by State agent — State responsibility for soldier’s acts — Non‑enforcement of domestic judgment — Right to effective remedy, fair trial and property — Reparations and guarantees of non‑repetition.
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2 August 2023 |
| May 2023 |
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Forced genital examinations of detained female protesters constitute torture and gender discrimination; State failed to investigate or provide redress.
Human rights — Forced genital examinations ("virginity tests") of detained female protesters — Amounting to torture/cruel, inhuman or degrading treatment — Gender‑based violence and discrimination — Failure to investigate/prosecute — Military justice system lacking independence and impartiality — Violations of Articles 1,2,3,5,9(2),11,18(3),26 of African Charter — Remedies: prosecution in competent courts, procedural reform, compensation.
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23 May 2023 |
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Communications declared inadmissible for disparaging language and failure to exhaust domestic judicial remedies under Article 56.
African Charter, Art.56 admissibility — disparaging/insulting language (Art.56(3)); exhaustion of local remedies (Art.56(5)); reasonable time (Art.56(6)); Vetting Board findings do not relieve exhaustion obligation; identity/compatibility/mass-media/previous settlement requirements satisfied.
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23 May 2023 |
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Forced genital examinations of female protestors amounted to torture, gender discrimination, and multiple Charter violations.
Forced genital examinations/"virginity tests" – constitute degrading, inhuman treatment and, in context, rape/torture; Gender‑based violence and discrimination – State duty to prevent, investigate and provide remedies; Military justice – lack of independence and impartiality when trying civilians; Failure to investigate/prosecute and provide reparations – violation of Article 5 and Article 1; Freedom of assembly/expression – reprisals against protestors unlawful.
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23 May 2023 |
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Communication declared inadmissible for failure to exhaust local remedies under Article 56(5)–(6).
Human rights — African Charter admissibility — Article 56 — exhaustion of local remedies — undue prolongation — reasonable period — extraordinary rendition and ill-treatment allegations — default decision where State does not respond.
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23 May 2023 |
| March 2023 |
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Anti‑terror law applied broadly violated rights to liberty, fair trial, religion, expression and assembly; law found incompatible with Charter.
Human rights — Admissibility — Exhaustion of domestic remedies — Undue delay by constitutional Council — Merits — Anti‑Terrorism law overbroad and vague — Arbitrary arrest and deprivation of liberty — Fair trial breaches: incommunicado detention, counsel confidentiality and secret evidence — Violations of freedom of religion, expression and assembly — Declaration that national Anti‑Terrorism Proclamation incompatible with African Charter.
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7 March 2023 |
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Communication inadmissible for disparaging language, failure to exhaust domestic remedies and premature filing.
Admissibility — Article 56(3) insulting/disparaging language — Article 56(5) exhaustion of domestic remedies — Article 56(6) reasonable time — Vetting Board findings do not per se render remedies unavailable — Commission may decide despite State silence.
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7 March 2023 |
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The applicant's communications were declared inadmissible for disparaging language and failure to exhaust domestic remedies timely.
Admissibility — Article 56(3),(5),(6) African Charter — disparaging/insulting language — exhaustion of local remedies — unavailability/effectiveness of remedies — vetting body findings and Supreme Court decision — premature submission.
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7 March 2023 |
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Commission finds State responsible for widespread human rights violations and orders investigations, remedies and reparations.
Human rights violations — admissibility and exhaustion of domestic remedies — indiscriminate attacks, extrajudicial killings, torture, arbitrary detention, enforced disappearance, sexual and gender-based violence — freedom of information and movement — destruction of property and right to health — peoples' rights (Nuba) — State immunity and accountability — remedies, investigations and reparations.
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7 March 2023 |
| November 2022 |
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Communication alleging extrajudicial killings struck out for failure to pursue admissibility under Commission rules.
Human Rights — Admissibility — Failure to file observations on admissibility — Non‑cooperation with procedural deadlines — Strike out under Commission Rules (2010).
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9 November 2022 |
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Arbitrary arrest, incommunicado detention and unfair trial breached multiple African Charter rights; State ordered to compensate and reform laws.
African Commission — admissibility (compatibility, exhaustion, res judicata) — incommunicado detention — torture/inhuman treatment — arbitrary arrest/detention under NSA — denial of prompt access to counsel and unfair special trials — violations of freedom of expression and association — State obligation to investigate, prosecute and provide reparations.
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9 November 2022 |
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The Commission struck out the Communication after the Complainant failed to prosecute by filing admissibility submissions.
Procedure — Rules 105(1) and 113 — failure to file admissibility observations or seek extension — lack of diligent prosecution — strike out; Refugee/deportation allegations under Articles 5, 6, 7, 11 and 12 of the African Charter; Provisional measures granted.
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9 November 2022 |
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Communication struck out for want of diligent prosecution after complainants failed to file admissibility submissions.
Human rights procedure – Rule 105(1) admissibility submissions – Rule 113 extensions – strike out for want of diligent prosecution – lack of sufficient information to determine admissibility.
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9 November 2022 |
| August 2022 |
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A communication alleging mass human-rights violations was declared inadmissible because requested relief threatened State sovereignty.
Human rights — Admissibility — Article 56 African Charter — Compatibility with AU Constitutive Act — Territorial integrity and sovereignty — Provisional measures seeking withdrawal of State forces — Exhaustion of domestic remedies excused where remedies unavailable — Not based exclusively on mass media — Disparaging language threshold.
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2 August 2022 |
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Whether Ethiopia’s anti‑terrorism law and criminal process unlawfully violated detained journalists’ rights to fair trial, expression and health.
Human rights — Freedom of expression — Overbroad anti‑terrorism definitions and criminal prosecution of journalists — Fair‑trial guarantees — prompt information on arrest, access to counsel, presumption of innocence, judicial independence — Right to health — inadequate medical care in detention — Admissibility — exhaustion of domestic remedies — Reparations and legislative reform.
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2 August 2022 |
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Failure to conduct or disclose an ESIA for the Kuraz sugar project violated the peoples’ right to development (Article 22(1).)
Human rights – Indigenous peoples – Admissibility: exhaustion of local remedies – Exception where domestic remedies are ineffective or unavailable – EHRC non-binding and indigence/NGO restrictions impede access; Merits: peoples’ status and indigeneity; no violation of Articles 20(1), 21(1) or 24; violation of Article 22(1) for failure to carry out or publicly disclose ESIA for Kuraz Sugar Project; remedies ordered (ESIA or disclosure; implementation report).
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2 August 2022 |
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State sexual violence in custody is torture and failure to investigate violates multiple Charter rights.
Human rights — Sexual violence in custody constitutes torture; State duty to promptly, impartially and effectively investigate allegations; constructive exhaustion of domestic remedies where threats and intimidation impede access to justice; gender-based discrimination and denial of effective remedy.
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2 August 2022 |
| May 2022 |
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Commission finds torture, fair-trial breaches and arbitrary death sentences; recommends reforms, reparations and investigations.
Human rights in conflict situations — admissibility and exhaustion of local remedies where domestic proceedings unduly prolonged; non-international armed conflict — use of IHL standards (Common Article 3, AP II) as reference; torture and ill-treatment — incommunicado detention, shackling, electric shocks, flogging, sexual assault, denial of medical care — Article 5 violation; fair trial violations in special anti-terrorism courts — denial/restriction of counsel, coerced confessions, defective appeals — Articles 7 and 4 violations; State responsibility under Article 1; remedies and institutional reform.
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13 May 2022 |
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Eviction and exclusion of an indigenous community from ancestral forest violated multiple African Charter rights and requires restitution and reparations.
Indigenous rights; customary land and property; forced eviction and lack of resettlement/compensation; non‑discrimination; right to life, health, education, culture and religion; peoples’ right to natural resources and development; environmental rights; inadmissibility of fortress conservation excluding indigenous peoples; remedies: restitution, compensation, guarantees of non‑repetition.
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13 May 2022 |
| March 2022 |
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A communication alleging arrest and death sentence was struck out for want of diligent prosecution under Rules 105(1) and 113.
Human rights procedure – Communication alleging arbitrary arrest, unfair trial and death sentence – Failure to submit admissibility arguments within two months – Rule 105(1) and Rule 113 – Strike out for want of diligent prosecution.
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9 March 2022 |
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A death-penalty communication was struck out for failure to prosecute and submit merits within prescribed time.
Procedure — Strike out for want of diligent prosecution — Rule 108(1) (submission of merits within 60 days) and Rule 113 (extension on application) — Failure to file submissions or seek extension — Provisional measures and admissibility do not prevent strike out.
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9 March 2022 |
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Communication alleging arrest, torture and surveillance struck out for want of diligent prosecution.
Human rights (Articles 5, 6, 9) – allegations of torture, arbitrary arrest, incommunicado detention and unlawful surveillance; Commission procedure – admissibility, Rule 105(1), Rule 113, diligent prosecution, striking out communications.
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9 March 2022 |
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The applicant’s request to withdraw an interstate communication at the merits stage was granted and the case closed.
Interstate communication – withdrawal by author State at merits stage – Commission’s discretion to accept withdrawal – Rule 124 Rules of Procedure (2020) – amicable settlement attempt – declaration of case closure.
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9 March 2022 |
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The respondent State’s electoral body's annulment of the applicant’s candidacy without hearing violated Articles 7(1) and 13(1).
Electoral law – Candidate eligibility – Residency requirement; Right to a fair hearing – audi alteram partem; Right to participate in government – standing for election; Exhaustion of local remedies – CES as final ad hoc chamber; Commission may decide on merits where State silent.
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9 March 2022 |
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Communication alleging Articles 7 and 12 violations struck out for want of diligent prosecution after procedural inaction.
Human rights complaints – Admissibility – Failure to file evidence and arguments within time – Rule 105(1) and Rule 113 – Strike out for want of diligent prosecution – Alleged violations of Articles 7 and 12 of the African Charter.
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9 March 2022 |
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The applicant's request to withdraw a human-rights communication was granted and the communication declared closed.
African Commission – Communication withdrawal – Request to withdraw granted – Striking out for want of diligent prosecution – Consistent with prior jurisprudence.
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9 March 2022 |
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Respondent violated the applicant’s rights via unfair parliamentary trial, failure to protect property and to investigate/prosecute attacks.
Human Rights – Admissibility and exhaustion of local remedies – exception where remedies ineffective or unduly prolonged – State responsibility for failures to protect against non‑state actors – fair trial guarantees in parliamentary contempt proceedings – unlawful expropriation and lack of adequate compensation – failure to investigate and prosecute sexual and other violent crimes.
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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 |
