African Commission on Human and Peoples Rights - 2015

6 judgments
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6 judgments
Citation
Judgment date
August 2015
A constitutional review before Ethiopia’s House of Federation was a necessary remedy prior to filing before the African Commission.
Exhaustion of local remedies—Admissibility of complaints—Constitutional review as an effective local remedy—Role of non-judicial constitutional organs—Rights of civil society organizations—Ethiopian Charities and Societies Proclamation.
8 August 2015
A complaint about mass death sentences in Egypt was dismissed for failure to exhaust domestic remedies as required by the Charter.
Criminal procedure – Mass trials – Collective death sentences – Right to fair trial and due process – Admissibility – Domestic remedies – Provisional measures – African Charter on Human and Peoples' Rights, Article 56(5) – Requirement to exhaust domestic remedies – Criteria for admissibility of communications.
8 August 2015
Prolonged arbitrary detention, denial of fair trial, and abuse of procedure found to violate the African Charter's rights to liberty and fair trial.
Human rights – right to liberty and security of person – arbitrary and prolonged pre-trial detention – right to a fair trial – presumption of innocence – right to defence – right to be tried within reasonable time by impartial tribunal – abuse of criminal procedural powers – effective remedies under the African Charter.
8 August 2015
The Commission struck off a complaint following a formal request for withdrawal by the complainant.
Procedure – withdrawal of complaint – striking communication from the Commission’s list – no determination on merits or admissibility.
7 August 2015
February 2015
Systematic discriminatory denial of citizenship, legal status, and property rights to Nubians in Kenya violated the African Charter.
Human rights – discrimination – right to nationality – statelessness – property rights – forced evictions – minority rights – equality before the law – non-discrimination – administrative barriers to identity documents – Articles 1, 2, 3, 5, 12, 13, 14, 15, 16, 17(1), 18, African Charter on Human and Peoples’ Rights.
28 February 2015
A nationality regime enabling systemic discrimination and statelessness violates the African Charter’s core rights and must be reformed.
Human rights – Nationality – Discrimination – Statelessness – Equality before the law – Right to dignity – Participation – Property – Remedies for mass violations under the African Charter; constitutional and legislative reform; right to effective nationality procedures; administrative barriers; practical implementation of international conventions.
28 February 2015