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Citation
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Judgment date
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| November 2000 |
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Refusal to adjourn and denial of counsel violated the accused's right to defence under Article 7(1)(c) of the African Charter.
Human rights – Fair trial – Right to defence and legal assistance – Equality of arms – Obligation to ensure counsel where interests of justice and death penalty at stake – State duty to align domestic law with African Charter.
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6 November 2000 |
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Denial of a right to appeal and subsequent execution by military court violated the right to life and fair trial guarantees.
Human rights – right to life – right to fair trial – denial of right to appeal from military tribunal – execution of soldiers without appeal – violation of Articles 4 and 7(1)(a) of the African Charter.
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6 November 2000 |
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State security detentions, incommunicado treatment and warrantless raids violated multiple Charter rights.
Human rights — Arbitrary detention under security legislation; denial of fair trial and judicial remedies; torture and inhuman treatment; unlawful raids on NGO premises; violations of freedom of expression, association, movement and property under the African Charter.
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6 November 2000 |
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A military tribunal's conviction of a journalist for coup-related reporting violated fair trial rights, liberty, and freedom of expression.
Human rights – right to liberty – arbitrary detention – fair trial – judicial independence – inhuman and degrading treatment – freedom of expression – special tribunals – due process – right to counsel – press freedom.
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6 November 2000 |
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Whether the applicant was unlawfully denied Botswana citizenship by descent and suffered Charter violations through repeated deportations.
Nationality law – citizenship by descent vs registration – transitional constitutional provisions at independence – arbitrary/degrading deportation – violation of Articles 3(2), 5, 12, 13, 14, 18 of African Charter – admissibility where local remedies unduly prolonged and obstructed.
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6 November 2000 |
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Commission found violations of liberty, dignity, expression, association and movement after applicant's arbitrary detention and exile.
Admissibility – constructive exhaustion of local remedies where complainant fled and is UNHCR-recognised refugee; State silence – acceptance of uncontested allegations; Arbitrary detention – breach of Article 6; Inhuman and degrading treatment – breach of Article 5; Violations of freedoms of expression (Art.9), association (Art.10) and movement/return (Art.12); Insufficient proof for separate torture finding.
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6 November 2000 |
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Whether allegations of arrest, torture and extortion are admissible where domestic remedies were not exhausted.
Admissibility — Exhaustion of local remedies — Article 56(5) African Charter — Allegations of arbitrary arrest, detention, torture and extortion — Failure to provide information to Commission — Communication inadmissible.
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6 November 2000 |
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Communication alleging unlawful arrests and repression of trade-unionists declared inadmissible for non-exhaustion of domestic remedies.
Human rights — Freedom of association and assembly — Arrest and detention of trade-union officials — Right of access to counsel — Exhaustion of local remedies — Article 56(5) African Charter.
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6 November 2000 |
