African Commission on Human and Peoples Rights - 2001

7 judgments
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7 judgments
Citation
Judgment date
October 2001
Allegations of arbitrary arrest, torture and incommunicado detention; admissibility deferred pending further evidence from the applicant.
Human rights – Arbitrary arrest and detention – Allegations of torture and ill‑treatment – Incommunicado detention – Freedom of association and expression – Exhaustion of local remedies – Admissibility procedures.
27 October 2001
Whether the respondent violated Charter rights by facilitating environmental destruction and human rights abuses in Ogoniland.
Environmental rights; right to health; forced evictions; state responsibility for corporate and security-force abuses; right to food, housing, property and life; remedies and investigations.
27 October 2001
The court found the Nigerian government violated the Ogoni people's rights to health, environment, property, life, and participation.
Human rights – Right to health – Right to a satisfactory environment – State obligations – Right to property and housing – Forced eviction – Right to life – Environmental protection – Socioeconomic rights – Duties to respect, protect, promote, and fulfill – State complicity in corporate environmental abuses.
27 October 2001
May 2001
Communication dismissed as inadmissible for failure to exhaust available domestic remedies and lack of state notice.
Human rights – Alleged child exploitation by private actor – Admissibility – Requirement to exhaust domestic remedies – State responsibility requires notice or failure to provide effective remedies – Exceptions to exhaustion narrowly applied.
7 May 2001
Military tribunal proceedings violated the accuseds' rights to appeal and to counsel of their choice under Article 7.
Human rights — Fair trial (African Charter Article 7) — Military tribunals — Right to counsel of choice and confidential communication — Right to appeal to competent national organs — Admissibility despite change of government; State responsibility for predecessor acts.
7 May 2001
The respondent’s constitutional amendment requiring parental Zambian birth for presidential candidates violates Articles 2, 3 and 13 of the Charter.
Human rights law – Political rights – Qualification for office – Discrimination by parental origin – Compatibility of domestic constitutional amendments with Articles 2, 3 and 13 of the African Charter – Popular will and domestic limitations not sufficient to justify exclusionary qualifications.
7 May 2001
The respondent State violated rights to equality, life, dignity, fair trial and freedom of movement and failed to investigate or remedy abuses.
Human rights violations — selective amnesty and denial of justice — enforced disappearances and extrajudicial killings — failure to investigate and prosecute — unreasonable delay in judicial proceedings — restriction on freedom to leave country (Article 12(2)).
7 May 2001