African Commission on Human and Peoples Rights - 2014

7 judgments
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7 judgments
Citation
Judgment date
October 2014
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
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
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
4 June 2014
April 2014
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
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