African Commission on Human and Peoples Rights - 2010

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4 judgments

Citation	Judgment date
November 2010
Socio-Economic Rights and Accountability Project (SERAP) v Nigeria (Communication 338 of 2007) [2010] ACHPR 109 (24 November 2010) A communication alleging rights violations was declared inadmissible for failure to exhaust or attempt available local remedies in Nigeria. Human rights – Admissibility of communications – Exhaustion of local remedies – Article 56(5) African Charter – Waiver of exhaustion requirement – Requirement to demonstrate unavailability, ineffectiveness, or insufficiency of domestic remedies – Burden of proof on complainant.	24 November 2010
May 2010
Good v Republic of Botswana (Communication 313 of 2005) [2010] ACHPR 106 (26 May 2010) Ouster and non‑disclosure provisions in immigration law violated rights to be heard, information, expression, family protection and non‑discrimination. Human rights — Commission's existence and competence; immigration and deportation — jurisdiction under Articles 45 and 12; admissibility under Article 56; ouster clauses and judicial review — incompatibility with right to be heard; non‑disclosure of reasons — violation of right to information and freedom of expression; discrimination for political opinion; family rights violated by abrupt deportation.	26 May 2010
Southern Africa Human Rights NGO Network and Others v Tanzania (Communication 333 of 2006) [2010] ACHPR 107 (26 May 2010) Communication alleging death-penalty violation declared inadmissible for unreasonable delay in filing (Article 56.6). Admissibility — African Charter Article 56 — exhaustion of domestic remedies — reasonable time requirement — undue delay (11 years) — alleged violation of right to life (Article 4) relating to death penalty — communication declared inadmissible under Article 56.6.	26 May 2010
March 2010
Interights and Others v Islamic Republic of Mauritania (Communication 373 of 2009) [2010] ACHPR 105 (3 March 2010) Commission may review its merits decision; earlier ruling was infra petita and respondent violated Articles 1 and 14. Administrative law – Commission competence to review its own merits decisions; procedural fairness – infra petita (omission to decide claims) and supplementation; impartiality – recusal, burden of proof and presumption of regularity; substantive rights – Articles 1 and 14 (state obligations and property rights) of the African Charter; remedies and monitoring.	3 March 2010