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Citation
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Judgment date
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| November 2008 |
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Communication alleging judicial harassment in Zimbabwe declared inadmissible for failure to exhaust effective local remedies and timely submission.
African Charter on Human and Peoples' Rights – Admissibility – exhaustion of local remedies – reasonable period – evidence of fear or impediment – jurisdiction of Commission – requirements of Article 56.
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24 November 2008 |
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The Commission found that the State violated the right to a fair trial by trying civilians before military tribunals without appeal.
Human rights – fair trial rights – military tribunals – independence and impartiality of judiciary – right to appeal – jurisdiction over civilians by military courts – exhaustion of local remedies – interpretation of Articles 7 and 26 of the African Charter on Human and Peoples' Rights.
|
24 November 2008 |
| July 2008 |
|
|
Constitutional restrictions on candidacy and blanket immunity provisions found discriminatory and contrary to African Charter rights.
Human rights – Non-discrimination – Right to participate in government – Equality before the law – Constitutionality of restrictive eligibility requirements for public office – Blanket immunity for public officials – Admissibility where remedies unavailable – Violation of Articles 1, 2, 3(2), 7, 13 of the African Charter.
|
29 July 2008 |
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A complaint about systemic corruption and denial of education rights in Nigeria was dismissed for failure to exhaust local remedies.
Human rights – African Charter – Admissibility of communications – Exhaustion of local remedies – Justiciability of socio-economic rights – Nigeria’s domestic implementation of African Charter rights – Prima facie violation and effectiveness of domestic remedies.
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29 July 2008 |
| May 2008 |
|
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Angola's mass expulsion of lawfully present non-nationals was found to violate multiple provisions of the African Charter.
Human rights – mass expulsion – arbitrary arrest and detention – discrimination against non-nationals – right to due process – right to property – right to work – inhuman and degrading treatment – remedies and compensation for unlawful deportations under the African Charter.
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22 May 2008 |
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Discriminatory land ownership law found to violate non-discrimination and property rights under the African Charter; remedies ordered despite law’s amendment.
Human rights – non-discrimination – right to property – statutory discrimination in land ownership – exhaustion of local remedies – remedies for historical violations after legislative amendment – African Charter on Human and Peoples’ Rights, Articles 2 and 14.
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22 May 2008 |
|
The Commission found no violations of Charter rights regarding judicial delays, discrimination, or judicial independence in Zimbabwe’s election petition process.
Human rights – right to fair trial – right to equal protection of the law – judicial delays – independence of judiciary – right to political participation – election petitions – burdens of proof in discrimination and access to justice claims under African Charter – state responsibility for judicial delays.
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22 May 2008 |
