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Citation
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Judgment date
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| November 1997 |
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|
Insufficient evidence that arrest, detention and trial violated Charter rights; communication declared admissible but no violation found.
Human rights – Admissibility – Exhaustion of local remedies and effect of presidential amnesty; Fair trial – right to defence, access to counsel and knowledge of charges; Political rights – allegations of punishment for political opinion; Burden of proof and parties’ cooperation.
|
11 November 1997 |
|
Communication inadmissible for failure to exhaust remedies and to specify Charter violations or prima facie State responsibility.
Human rights – Admissibility – Requirement to exhaust local remedies – Necessity to specify Charter provisions alleged to be violated – Need for prima facie showing of State responsibility – Communication inadmissible.
|
11 November 1997 |
|
The Commission found no Charter violation in the applicant's transit arrest and conviction, but requested humanitarian clemency.
Human rights — Admissibility — UN Sub‑Commission non‑action does not constitute settlement under article 56(7); Exhaustion of local remedies satisfied; Role of African Commission limited to Charter violations where domestic courts have decided facts; Transit‑zone arrests and application of domestic drug law — no Charter violation found; Humanitarian clemency request authorized.
|
11 November 1997 |
|
Mass expulsions by Angola violated Charter protections including non-discrimination and the right to judicial review.
Human rights – Mass expulsion of non-nationals – Prohibition of mass expulsions (Art.12(4)–(5)) – Right to challenge detention and expulsion (Art.7(1)(a)) – Non‑discrimination (Art.2) – Rights to property and family protection (Arts.14,18) – State non‑cooperation and admissibility.
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11 November 1997 |
| April 1997 |
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|
Whether a communication using insulting language and lacking sufficient specificity is admissible before the Commission.
Admissibility — Article 56.3 prohibition on disparaging or insulting language — Requirement of specificity in communications to enable meaningful action — Commission’s discretion under Article 55.2 — Prior inadmissibility for lack of prima facie case.
|
24 April 1997 |
|
Post-sentence arbitrary detention, fair-trial breaches and refusal to reinstate after amnesty violated rights to liberty and work.
Human rights — Arbitrary post-sentence detention; administrative detention and presumption of innocence; right to be tried within reasonable time; right to work and reinstatement after amnesty; exhaustion of local remedies; continuing violations from pre-Charter proceedings.
|
24 April 1997 |
