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Citation
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Judgment date
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| December 2004 |
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Whether state speech and conduct amounted to discriminatory mass expulsion, refoulement and inhuman treatment of refugees.
Refugee protection – State responsibility for incitement and discrimination – Mass expulsion and non‑refoulement – Inhuman and degrading treatment (rape, strip searches, arbitrary detention) – Exhaustion of domestic remedies exception in life‑threatening, mass‑victim contexts.
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7 December 2004 |
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A claim regarding the Bakweri people's land rights was dismissed as inadmissible for failing to exhaust domestic remedies in Cameroon.
African Charter on Human and Peoples’ Rights – admissibility – exhaustion of domestic remedies – allegations of land dispossession and violation of property rights – locus standi – prior international consideration – subjective fears regarding local remedies insufficient to render them ineffective.
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7 December 2004 |
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Communication dismissed as inadmissible for failure to exhaust domestic remedies under Article 56(5).
Admissibility — Exhaustion of local remedies — Article 56(5) African Charter — Allegations of compromised judiciary insufficient to excuse non-exhaustion — Complainants permitted to join domestic proceedings — Communication declared inadmissible.
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7 December 2004 |
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General prohibition of cannabis use, even without religious exemption, held not to violate freedom of religion under the African Charter.
Freedom of religion – limitation justified by general law; Right to work – compliance with general legal restrictions; Cultural and dignity rights – legitimate limitation for societal interests; Margin of appreciation and subsidiarity – domestic discretion recognized, but subject to Commission oversight.
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7 December 2004 |
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Dismissal of an appeal without notice violated the applicant's right to be heard under article 7(1)(a) of the African Charter.
Human rights — Fair trial and natural justice — Right to be heard — Dismissal for non-appearance without notice — Procedural rules must not negate substantive rights (matrimonial property, custody) — Supervisory role of African Commission — Article 7(1)(a) African Charter.
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7 December 2004 |
| June 2004 |
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Communication declared inadmissible for failure to exhaust local remedies after domestic proceedings and release.
Human rights – Detention and fair trial rights – Admissibility of communications – Exhaustion of local remedies under Article 56(5) of the African Charter – Release/ acquittal after domestic proceedings.
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4 June 2004 |
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Communication alleging media-driven harassment of judges and judicial‑independence breaches closed after complainant withdrew.
Human rights — Judicial independence and fair hearing — Alleged public disclosure and suspension of judges following anti‑corruption report — Admissibility issues: reliance on press reports and exhaustion of domestic remedies — Complainant withdrawal and file closure.
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4 June 2004 |
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Complaint of mass human rights violations held inadmissible for failure to show exhaustion of domestic remedies.
African Charter on Human and Peoples’ Rights – admissibility of communication – exhaustion of local remedies – exception to exhaustion requirement – failure to submit admissibility materials – communication declared inadmissible.
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4 June 2004 |
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Dissolution of opposition party violated the right of association as an excessive and disproportionate restriction under the Charter.
Political parties; dissolution; freedom of association (Article 10); freedom of expression (Article 9); fair hearing (Article 7); admissibility/exhaustion of local remedies; proportionality and necessity of restrictions (Article 27).
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4 June 2004 |
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Prolonged judicial delays violating the right to a hearing within reasonable time under Article 7(1)(d) of the African Charter.
Human rights – right to fair hearing – undue delay in appeal proceedings – exhaustion of local remedies – right to property – requirements for admissibility of communications before African Commission.
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4 June 2004 |
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Dispossession by an unexplained donation violated the applicant's right to property; State recommended to restore rights.
Human rights — Property rights (Article 14) — Dispossession by unexplained donation — Admissibility and exhaustion of local remedies — Remnants of slavery and State obligations to remedy.
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4 June 2004 |
