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Citation
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Judgment date
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| October 2012 |
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The Commission struck out a human rights communication for lack of diligent prosecution after complainants failed to pursue their case.
African Charter on Human and Peoples’ Rights – Striking out communication – Lack of diligent prosecution – Procedural requirements – Amicable settlement – Failure to respond to Commission’s requests.
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22 October 2012 |
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The DRC's confiscation of property and denial of a fair hearing violated the Noca family's rights to equality, justice and property.
Human rights – right to property – deprivation of property by State based on repealed legislation – equality before the law – fair hearing – state obligation to provide effective remedy and restore property or compensate victim – African Charter on Human and Peoples’ Rights, Articles 3, 7.1(c), 14.
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22 October 2012 |
| May 2012 |
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Constructive exhaustion allowed; Commission finds respondent State liable for torture (Article 5) and orders compensation and investigation.
Human rights — Admissibility — constructive exhaustion of domestic remedies where remedies are ineffective or applicant fears return; Torture — Article 5 — medical and psychological evidence and State’s failure to investigate — State found responsible; No violation found for Articles 4, 6, 7(c)(d), 10(1), 14.
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2 May 2012 |
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Zimbabwe violated the right to life and failed to provide effective remedies and compensation for wrongful killings by state agents.
Human rights – right to life – extra-judicial killings – excessive use of force by law enforcement – right to effective remedy – state obligation to provide effective and satisfactory compensation to bereaved families – domestic remedies – law reform – violation of Articles 1 and 4 African Charter.
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2 May 2012 |
| March 2012 |
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Communication dismissed as inadmissible for failure to exhaust domestic remedies and meet reasonable time requirement, despite prima facie rights claims.
African Charter on Human and Peoples’ Rights – Admissibility of communications – Exhaustion of local remedies – Requirement of substantiation and reasonable time – Prima facie rights violations and inadmissibility for lack of exhaustion of domestic remedies.
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1 March 2012 |
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A complaint was declared inadmissible for failure to exhaust domestic remedies before approaching the African Commission.
Human rights – admissibility – exhaustion of local remedies – regional human rights complaints – torture – confiscation of property – military court – requirement to attempt domestic remedies before approaching international bodies – inadmissibility for non-exhaustion of local remedies.
|
1 March 2012 |
