African Commission on Human and Peoples Rights - 2007

2 judgments
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2 judgments
Citation
Judgment date
November 2007
A complaint was declared inadmissible due to the applicant's failure to exhaust or justify the non-exhaustion of domestic remedies.
African Charter on Human and Peoples' Rights – admissibility of communications – exhaustion of local remedies – burden of proof on complainant – justifications for failure to exhaust domestic remedies – necessity of substantiating fear and unavailability of remedies.
28 November 2007
May 2007
Applicant challenged incommunicado detention and press ban; Commission found domestic remedies ineffective and multiple Charter violations.
Human rights — Exhaustion of domestic remedies — Exception where remedies unavailable or unduly prolonged — Incommunicado detention — Arbitrary detention and denial of fair trial — Freedom of expression — Ban on private press — Non-derogability of Charter rights in emergency.
30 May 2007