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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 |
| May 2000 |
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Communication alleging arbitrary detention declared inadmissible for failure to exhaust local remedies under Article 56(5).
Human rights – Communications – Admissibility – Exhaustion of local remedies (Article 56(5)) – Alleged arbitrary detention – Availability/undue prolongation of domestic remedies.
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11 May 2000 |
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Repeated politically motivated arrests and detention without judicial recourse violated equality, life, liberty and association rights.
Human rights — Arbitrary arrest and detention; right to life and personal integrity; equal protection; freedom of association; ineffectiveness of domestic remedies under Decree No.2 (1984); State silence treated as admission of facts.
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11 May 2000 |
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The Commission closed the communication after the applicant and State reached an amicable settlement.
Human rights violations alleged (extrajudicial executions, torture, rape, forced displacement) – Admissibility and exhaustion of local remedies (Art.56(5)) – Effect and verification of amicable settlement – Interim measures (Rule 109) – Closure of case on settlement.
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11 May 2000 |
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The Commission found a complaint inadmissible due to the complainant's failure to exhaust local remedies before applying to the African Commission.
African Charter on Human and Peoples' Rights – admissibility of communications – requirement to exhaust domestic remedies – failure to contest expulsion order locally – inadmissibility of communication.
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11 May 2000 |
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Communication declared inadmissible for failure to exhaust domestic remedies and failure to provide requested information.
Human rights — Admissibility — Exhaustion of local remedies (Article 56(5) African Charter) — Warrantless arrest and search, ill‑treatment and prosecution under anti‑terror law alleged — Failure to respond to Commission requests and prolonged pendency rendered communication inadmissible.
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11 May 2000 |
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Suspension of domestic rights and decrees enabling arbitrary detention and political restrictions violated multiple African Charter rights.
Human rights law — admissibility — media-sourced information not dispositive; exhaustion of local remedies excused where courts' competence ousted and remedies unavailable — suspension of domestic Bill of Rights does not absolve State of Charter obligations — arbitrary and indefinite detention, retroactive laws, restrictions on expression, association, assembly, movement and political participation — breach of judicial independence — insufficient proof for extra-judicial killings/torture.
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11 May 2000 |
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A deportation complaint was declared inadmissible for failure to exhaust available domestic remedies.
Human rights – Deportation – Admissibility – Exhaustion of local remedies under Article 56(5) – Deported victims may pursue domestic remedies through counsel – NGO complaint declared inadmissible.
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11 May 2000 |
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Commission finds grave, systemic human rights violations in Mauritania (1989–1992) and recommends inquiry, reparations and eradication of slavery-like practices.
Human rights — Massive violations (1989–1992): arbitrary arrest and detention; torture and cruel, inhuman or degrading treatment; extra‑judicial executions; unfair trials before special/military tribunals; discrimination and expulsions of black Mauritanians; practices analogous to slavery; domestic amnesty does not bar international responsibility.
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11 May 2000 |
