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Citation
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Judgment date
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| November 2006 |
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Refusal to execute a binding court judgment constitutes violations of the rights to fair trial, equality before the law, and property.
Human rights – execution of judgments – right to fair trial – equality before the law – right to property – refusal to execute a final court judgment – exhaustion of local remedies – African Charter on Human and Peoples’ Rights, Articles 2, 3, 7, 14, 21(2).
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29 November 2006 |
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Communication challenging a broad amnesty law dismissed as inadmissible for failure to exhaust domestic remedies.
Human rights — Admissibility — Article 56(5) African Charter — Exhaustion of local remedies — Amnesty law — Right to have one's cause heard (Article 7(1)(a)) — NGOs as authors — Identification of victims not required.
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29 November 2006 |
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Communication alleging retroactive criminalisation and unfair trial was declared inadmissible for failure to exhaust domestic remedies.
Admissibility — exhaustion of local remedies (Art. 56(5),(6)); non-retroactivity of criminal law (Art. 7.2); right to fair trial (Art. 7.1); independence of the judiciary (Art. 26); provisional measures (Rule 111); permissible language in communications (Art. 56(3)).
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29 November 2006 |
| May 2006 |
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A complaint of human rights violations was found inadmissible for failure to exhaust local remedies in accordance with the African Charter.
Human Rights – African Charter – admissibility of communication – exhaustion of local remedies – effectiveness, availability, sufficiency – requirement not dispensed with merely on apprehension of ineffectiveness – pending domestic proceedings preclude admissibility.
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25 May 2006 |
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The Commission declared admissible a complaint alleging mass forced evictions and grave human rights violations by the respondent.
Admissibility — Article 56 — exhaustion of local remedies (availability, effectiveness, sufficiency) — exception for mass or systemic violations — Article 56(7) (settled by UN mechanisms) — forced evictions, grave human rights violations, displacement, impunity.
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25 May 2006 |
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The Commission discontinued proceedings after parties reached an amicable settlement on media licensing and property rights.
Freedom of expression – private media – administrative refusal and delay in license granting – amicable settlement – discontinuance of complaint – broadcasting rights – amicable dispute resolution
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25 May 2006 |
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Clemency order denying criminal redress violated State obligations under Articles 1 and 7(1) by fostering impunity.
Human rights — State responsibility for non‑state actors — due diligence to prevent, investigate and punish private abuses — executive amnesty/clemency incompatible with effective judicial remedies — violation of Articles 1 and 7(1) of the African Charter.
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25 May 2006 |
