|
Citation
|
Judgment date
|
| October 2014 |
|
|
The Commission found no fair trial violation, but ruled Ghana breached judicial independence by executive interference in Supreme Court proceedings.
Fair trial – retroactive criminalization – presumption of innocence – right to defence – judicial independence – Article 7(1)(b), 7(1)(c), 7(2), and 26 of the African Charter – appointment and constitution of courts – executive interference – role of domestic courts in fair trial guarantees – scope of international remedy for breach.
|
14 October 2014 |
| July 2014 |
|
|
A communication was declared inadmissible as the complainant failed to exhaust available and effective local remedies in Lesotho.
African Charter on Human and Peoples’ Rights – admissibility of communication – disparaging or insulting language – exhaustion of local remedies – availability and effectiveness of domestic remedies – statelessness – denial of citizenship – access to justice.
|
29 July 2014 |
|
A detainee’s challenge to indefinite pre-trial detention for a capital offence met admissibility requirements due to unavailable and unduly delayed local remedies.
Human rights – Admissibility of communication – Exhaustion of local remedies – Rights of detainees accused of capital offences – Unreasonable delay in domestic remedies – Article 56 of the African Charter.
|
29 July 2014 |
| June 2014 |
|
|
A complaint against Zimbabwe was declared inadmissible for failure to exhaust or attempt local remedies as required by the Charter.
Human rights – African Charter – Admissibility – requirements for exhaustion of local remedies – submission within a reasonable period – unavailability and ineffectiveness of domestic remedies – international complaint inadmissible where no attempt to use local remedies or clear justification for not doing so.
|
4 June 2014 |
| April 2014 |
|
|
Suspension of the SADC Tribunal did not breach State Parties’ obligations under the African Charter to provide access to justice and judicial protection.
Human rights – Access to justice – Right to fair trial – Suspension of regional judicial forum (SADC Tribunal) – Obligations of African Charter State Parties limited to national judicial mechanisms – No violation of Articles 7 and 26 for closure of international tribunal.
|
30 April 2014 |
| March 2014 |
|
|
Sudan violated multiple Charter rights of human rights defenders through arrest, torture, forced exile, and closure of their organization.
Human rights – Sudan – torture and ill-treatment by state officials – arrest and arbitrary detention – freedom of expression and association – closure of human rights organization – right to work – right to health – exhaustion of local remedies – immunity of security officials – compensation, investigation, and restitution ordered.
|
14 March 2014 |
|
The Commission declined to seize a complaint for failure to meet Charter admissibility requirements, including language and exhaustion of remedies.
African Charter – admissibility – Article 56 – disparaging language – exhaustion of local remedies – prima facie violation – victim consent – communication not seized.
|
14 March 2014 |
