African Commission on Human and Peoples Rights - 1996

7 judgments
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7 judgments
Citation
Judgment date
October 1996
Prolonged detention without trial violates rights to liberty and fair hearing under the African Charter.
Human rights – prolonged detention without trial – right to liberty and security of person – right to fair hearing within reasonable time – admissibility of communication where local remedies unavailable – right to return to one's country.
31 October 1996
A communication is inadmissible where the complainant cannot be contacted and no legal successor can be located.
Admissibility — Article 56(1) Charter — requirement of author identification and contact — Rule 104 — loss of contact and death of complainant — inability to locate legal successor — inadmissibility.
31 October 1996
The respondent committed serious or massive violations including ethnic‑based killings, arbitrary detention, and unlawful mass expulsions.
Human rights — Expulsion of refugees — Mass expulsion prohibited — Ethnic discrimination — Arbitrary arrest and detention — Extrajudicial executions — Admissibility exception to exhaustion of local remedies where violations are serious/massive and State does not engage.
31 October 1996
Whether defects in voter-registration procedures without address/ID violated the right to participate under Article 13.
Human rights — Electoral law — Voter registration — Address/identification requirements — Right to participate (Article 13 African Charter) — Admissibility: undue prolongation of domestic remedies — Amicable resolution following State concession and reform commitment.
31 October 1996
The mass expulsion of West Africans from Zambia violated rights to non-discrimination, due process, and protection against mass expulsion.
Human rights – mass expulsion – non-nationals – right to due process – discrimination – right to an effective remedy – African Charter, Articles 2, 7.1(a) and 12(5).
31 October 1996
April 1996
The Commission found serious and massive violations of multiple Charter rights by the Government of Zaire, including torture and denial of basic services.
Human Rights – Torture – Arbitrary Arrest and Detention – Extrajudicial Executions – Unfair Trials – Religious Persecution – Restrictions on Freedom of Association and the Press – Right to Health and Education – Serious and Massive Violations – Non-exhaustion of Local Remedies in Cases of Systemic Abuses.
4 April 1996
Whether the respondent’s alleged torture, killings, arbitrary detention and deprivation of basic services constituted serious or massive violations of the African Charter.
Human rights — Communications alleging torture, arbitrary detention, extrajudicial executions, unfair trials, persecution of religious minority, and denial of basic services — Admissibility: exhaustion of local remedies inapplicable where impractical — State non‑response permits Commission to accept complainants’ facts — Violations of African Charter (Arts. 4,5,6,7,8,16,17, etc.) — Article 58 referral.
4 April 1996