African Commission on Human and Peoples Rights - 1994

12 judgments
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12 judgments
Citation
Judgment date
November 1994
Communication inadmissible as local remedies had not been exhausted; detention and torture allegations not heard on merits.
Exhaustion of local remedies – admissibility of communications before the African Commission – prolonged and arbitrary detention – allegation of torture – Article 56(5) of the African Charter.
3 November 1994
Communication inadmissible for failure to exhaust or demonstrate exhaustion of local remedies.
Human Rights – Admissibility – Exhaustion of local remedies – Failure to provide information regarding exhaustion – Communication declared inadmissible.
3 November 1994
A communication was declared inadmissible for failure to exhaust domestic remedies regarding the right to fair hearing.
Human Rights – Admissibility of Communication – Exhaustion of Domestic Remedies – Right to Fair Hearing – Adequacy of Notification
3 November 1994
April 1994
The Commission dismissed the complaint as inadmissible for failure to exhaust local remedies under article 56 of the Charter.
African Charter on Human and Peoples' Rights – admissibility – exhaustion of local remedies – requirement for communication to be considered by the Commission – article 56 of the Charter.
27 April 1994
Malawi's detention and treatment of political prisoners violated the African Charter's protections of life, liberty, and fair trial.
Human rights – arbitrary and indefinite detention – right to life – right to liberty and security – torture and cruel, inhuman or degrading treatment – right to fair trial – state succession of liability for human rights abuses.
27 April 1994
Release of political prisoners by new government constitutes satisfactory resolution of prior human rights violations in Benin.
Human rights – African Charter violations – detention without trial – torture – extrajudicial killing – resolution by release of political prisoners – mootness of complaint after change of government and remedial action.
27 April 1994
Commission found that current administration adequately addressed massive past human rights violations committed by previous authorities in Togo.
Human rights – Grave and massive violations – Torture, extrajudicial killings, and abuses by security forces – State responsibility for past violations – Satisfactory remediation by subsequent administration.
27 April 1994
The Commission requested Guinea to respond to allegations of detention without trial, deferring substantive consideration pending the state's reply.
Human rights – Detention without trial – African Commission on Human and Peoples' Rights procedure – Requirement for state response before consideration of merits.
27 April 1994
27 April 1994
27 April 1994
The Commission deferred substantive examination pending notification and response from the government of Togo, per procedural requirements.
African Charter on Human and Peoples' Rights – procedure – notification of respondent state – right to be heard prior to substantive consideration of communication – necessity of compliance with article 57 and Rules 110, 115, and 117 before consideration on merits.
27 April 1994
The Commission declined to consider the applicant’s claim of persecution and request for intervention on admissibility grounds.
African Commission on Human and Peoples' Rights – admissibility – article 55 – Commission declining to consider communication alleging governmental persecution and seeking intervention for refugee status.
27 April 1994