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Citation
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Judgment date
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| October 2013 |
|
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The Commission struck out a communication on indigenous land rights in Cameroon due to lack of prosecution by the complainants.
African Charter – Indigenous rights – land rights – effectiveness of remedies – procedural requirements before the African Commission – lack of diligent prosecution – communication struck out
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18 October 2013 |
|
Complaint struck out by the African Commission due to the applicant's failure to pursue the case after admissibility.
African Commission on Human and Peoples’ Rights – Communication procedure – Lack of prosecution – Failure by complainant to submit arguments on the merits after admissibility – Communication struck out for want of diligent prosecution.
|
18 October 2013 |
|
State violated obligations by failing to protect and effectively investigate gender-based sexual attacks on women journalists.
Human rights — Gender-based violence — State positive obligations to prevent, investigate and prosecute — Inhuman and degrading treatment — Discrimination against women — Protection of freedom of expression of journalists — Effective remedies and institutional guarantees.
|
12 October 2013 |
|
Prolonged detention and delays in trial procedures violated the rights to fair trial and presumption of innocence under the African Charter.
Human rights – fair trial – right to be presumed innocent – right to trial within a reasonable time – prolonged pre-trial detention – collective prosecution – state obligation to harmonize domestic law to human rights treaties – admissibility of communication under Article 56 of the African Charter.
|
12 October 2013 |
|
A mandatory death sentence did not violate the Charter, but failure to notify family before execution was inhuman treatment.
Human rights – Death penalty – African Charter on Human and Peoples’ Rights – right to dignity and protection from cruel, inhuman or degrading punishment – mandatory death sentence – fair trial – due process – locus standi for communications to African Commission – notification of execution – method of execution.
|
12 October 2013 |
| July 2013 |
|
|
A delayed complaint challenging Swaziland's ban on political parties was found inadmissible for failing the Charter’s timeliness requirement.
African Charter on Human and Peoples’ Rights – admissibility of communication – requirement of timely submission after exhaustion of local remedies – unreasonable delay – inadmissibility of complaint – exclusion from political participation and constitutional reform process.
|
24 July 2013 |
| April 2013 |
|
|
Differential pension pay-outs to Venda civil servants did not amount to discrimination or a Charter rights violation.
African Charter on Human and Peoples’ Rights – admissibility ratione temporis – continuing violations – discrimination – equality before the law – public service rights – interpretation of differential treatment in pension schemes – objective justification for different financial outcomes – exhaustion of local remedies.
|
23 April 2013 |
| February 2013 |
|
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Communication dismissed as inadmissible for unreasonable delay after exhaustion of domestic remedies despite finding local remedies ineffective.
Human rights – Admissibility of communication – Exhaustion of domestic remedies – Availability and effectiveness of remedies – Reasonable time for submission – State obligations to investigate torture – Article 56 of the African Charter on Human and Peoples’ Rights.
|
25 February 2013 |
