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Citation
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Judgment date
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| November 1999 |
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Military trials without counsel violated the detained journalists' rights to liberty, fair hearing, and judicial independence; Commission urges release.
Arbitrary arrest and detention; fair trial rights; right to counsel and defence; military tribunals displacing ordinary courts; ineffectiveness of domestic remedies; judicial independence.
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15 November 1999 |
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The respondent's use of special military tribunals and detention conditions violated the applicant's fair‑trial rights and prohibition of inhuman treatment.
Special military tribunals; ouster clauses and admissibility; fair trial – right to appeal and impartial tribunal; right to counsel of choice; inhuman or degrading treatment; Articles 5, 7(1)(a),(c),(d) and 26.
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15 November 1999 |
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The Commission found Nigeria violated rights to fair trial, freedom of expression, liberty, dignity, and property under the African Charter.
Human rights – freedom of expression – arbitrary detention – right to fair trial – ouster of judicial review – right to property – state harassment of journalists and pro-democracy activists – proportionality and justification of limitations – non-derogability of Charter rights.
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15 November 1999 |
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Suspension of habeas corpus and ouster clauses enabling detention without trial violate liberty, fair hearing, and judicial independence.
Human rights law – Habeas corpus – Arbitrary detention – Inhuman and degrading treatment – Incommunicado detention – Access to counsel and family – Ouster clauses – Judicial independence – Articles 5, 6, 7, 18, 26 of the African Charter.
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15 November 1999 |
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Ouster clauses rendering domestic remedies ineffective cannot justify continued arbitrary detention in violation of Article 6 of the Charter.
Human rights – right to liberty – arbitrary detention – effect of ouster clauses on availability of domestic remedies – violation of Article 6 African Charter.
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15 November 1999 |
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Detention without charge, access to court, or timely trial violates rights to liberty and fair hearing under the African Charter.
Human rights – African Charter – arbitrary detention – right to fair trial – reasonable time – impartial tribunal – lack of access to habeas corpus – government powers under security decrees.
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15 November 1999 |
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The respondent's military detention, torture and denial of counsel violated the applicant's rights to dignity, liberty, fair trial and movement.
Human rights — Torture and ill-treatment; arbitrary arrest and detention; denial of counsel and fair trial rights; freedom of movement; constructive exhaustion of domestic remedies under military regimes.
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15 November 1999 |
| May 1999 |
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Deportations for alleged threats to public order violated Charter rights to equality, due process, freedom of expression, and family life.
Human rights – forced deportation – due process – discrimination – right to family life – freedom of expression, association, and conscience – political persecution – application of limitation clauses under the African Charter.
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5 May 1999 |
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Communication inadmissible for failure to exhaust judicial domestic remedies after national commission decision.
Human rights—Admissibility—Exhaustion of domestic remedies under Article 56(5)—National human rights commission not a judicial remedy—Inadmissibility for non-exhaustion.
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5 May 1999 |
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Communication alleging persistent slavery in Mauritania found inadmissible due to non-exhaustion of domestic remedies.
Human rights – alleged persistence of slavery and related abuses – admissibility of communication – exhaustion of local remedies – African Charter on Human and Peoples' Rights, art 56(5).
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5 May 1999 |
