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Citation
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Judgment date
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| October 2014 |
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Complaint admissible; no breach of Articles 7(1)(b),(c) or 7(2), but State violated Article 26 by undermining judicial independence.
Admissibility — exhaustion of domestic remedies; Fair trial — presumption of innocence and appropriate standard at close of prosecution’s case; Non-retroactivity — prohibition on retrospective criminalisation; Right to defence — notice of charges and calling witnesses; Judicial independence — executive interference via targeted judicial appointments and court reconstitution
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14 October 2014 |
| July 2014 |
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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.
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29 July 2014 |
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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.
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29 July 2014 |
| June 2014 |
|
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Allegations of torture found prima facie but Communication declared inadmissible for failure to exhaust local remedies and time requirements.
Admissibility — Article 56 — prima facie compatibility with the African Charter — exhaustion of local remedies and constructive exhaustion — representation by NGOs — reasonable period for submission — allegations of torture and cruel, inhuman or degrading treatment
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4 June 2014 |
| April 2014 |
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Admissible Communication alleging suspension of SADC Tribunal; Commission finds Articles 7 and 26 do not guarantee access to that sub‑regional tribunal.
Human rights — Admissibility — Article 56 requirements — Dispensing with exhaustion of local remedies where impracticable — Jurisdiction limited to State Parties (not intergovernmental organisations) — Access to court under Articles 7 and 26 concerns national courts, not entitlement to sub‑regional tribunal access
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30 April 2014 |
| March 2014 |
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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.
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14 March 2014 |
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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.
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14 March 2014 |