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Citation
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Judgment date
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| October 1995 |
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The Commission found serious and massive violations of multiple rights in the African Charter due to State abuses and inaction.
Human rights – African Charter on Human and Peoples’ Rights – serious and massive violations – torture, arbitrary detention, extrajudicial executions, unfair trials, persecution of religious minorities, violations of health and education rights – failure to exhaust local remedies excused by impracticality.
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31 October 1995 |
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State liability for massive and serious human rights violations even during civil war under the African Charter.
Human rights – State responsibility for acts of non-state actors – Prohibition of derogation from Charter obligations during civil war – Serious and massive violations – Failure to protect right to life, freedom from torture, security of person, and fair trial – African Charter on Human and Peoples' Rights, Articles 4, 5, 6, 7, and 1.
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11 October 1995 |
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The communication was declared inadmissible because the applicant had not exhausted local remedies.
Human rights – Freedom of association – Trade union registration – Admissibility – Exhaustion of local remedies – Article 56(5) African Charter – Undue delay exception not shown – Merits not considered.
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11 October 1995 |
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Communication inadmissible because complainants' identities/addresses were not provided, preventing required notifications under Article 56.
Human rights — Alleged unlawful arrest, torture and prolonged detention — Admissibility — Article 56 — requirement of complainants' identity/address for notification — failure to provide address renders communication inadmissible.
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7 October 1995 |
| March 1995 |
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The Commission closed the communication after the applicant failed to pursue allegations of unlawful detention.
Detention without charge; alleged violations of Articles 6 and 7 of the African Charter; applicant non‑cooperation; closure of communication for failure to pursue.
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22 March 1995 |
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The applicant's claim of denial of effective remedy was declared inadmissible for failure to exhaust local remedies.
Human rights — Access to justice and effective remedy — Enforcement of domestic judgment against a foreign state — Exhaustion of local remedies rule — State/diplomatic immunity and availability of remedies.
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22 March 1995 |
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The Commission closed a politically-motivated detention complaint after the detainee’s release and loss of contact with the complainant.
Human rights — Detention — Allegation of politically motivated detention — Detainee released — Commission inquiries unanswered — File closed for loss of contact.
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22 March 1995 |
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Commission closed wrongful detention communication after receiving information of amicable resolution under Article 50.
Human rights — Alleged wrongful detention — Friendly settlement — Closure of communication under Article 50 — Commission reliance on State and independent sources' reports.
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22 March 1995 |
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Special criminal tribunals lacking judicial appeal and impartiality violate the fair trial rights under the African Charter.
African Charter on Human and Peoples' Rights – fair trial – right to appeal – impartial tribunal – special criminal tribunals – remedies – exhaustion requirement – judicial review of death sentences – executive discretion in criminal justice.
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22 March 1995 |
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Special tribunals without appeal or judicial review, and trials without counsel, violate Articles 7(1)(a),(c),(d) of the African Charter.
Human rights — Criminal procedure — Special tribunals and prohibition of judicial review — Right of appeal to competent national organs (Art.7(1)(a)) — Right to defence and counsel of choice (Art.7(1)(c)) — Impartial tribunal and military membership (Art.7(1)(d)) — Domestic remedies and non‑exhaustion (Art.56(5)).
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22 March 1995 |
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A communication alleging false imprisonment was closed after withdrawal following the prisoner’s release or death.
Human rights — Communications procedure — Alleged false imprisonment — Withdrawal of communication — Case closure — Article 114 Rules of Procedure; Article 56 African Charter.
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22 March 1995 |
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Communication inadmissible due to ratione temporis and incoherent, unsubstantiated allegations.
Admissibility – ratione temporis – temporal bar where alleged violations predate State ratification; no evidence of continuing violation; manifestly ill‑founded/incoherent communication; mental health detention; alleged torture, unlawful detention and deprivation of property (Arts. 5, 6, 7, 21).
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22 March 1995 |
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The Commission closed the communication after the applicant's release, finding the complaint satisfactorily resolved.
Human rights — Arbitrary/continued detention after sentence expiry — Victim released — Closure of file by African Commission as matter resolved.
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22 March 1995 |
