Skip to document content Skip to main menu Skip to search

African Commission on Human and Peoples Rights - 2017

5 judgments
Advanced search
All years
Filters
  • Filters
  • Alphabet
Sort by:
5 judgments
Citation
Judgment date
October 2017
Tivane v Mozambique (Communication 434 of 2012) [2017] ACHPR 139 (23 October 2017)
A complaint of continuing deprivation of property was found inadmissible due to failure to exhaust domestic remedies in Mozambique.
Admissibility – African Charter on Human and Peoples’ Rights – article 56(5) – local remedies – exhaustion – continuing violation – right to property – right to fair trial – Mozambique – constitutional review – prerogative powers of Attorney General – temporal jurisdiction – procedural requirements for admissibility
 23 October 2017
July 2017
Capitao v Tanzania (Communication 53 of 1990) [2017] ACHPR 1 (13 July 2017)
13 July 2017
Centre of the Independence of Judges and Lawyers v Algeria (Communication 104 of 1994; Communication 109 of 1994; Communication 126 of 1994) [2017] ACHPR 140 (13 July 2017)
A generalized communication without specific victims or incidents is inadmissible before the African Commission on Human and Peoples' Rights.
Human rights – admissibility of communications – specificity of victims and incidents – requirements under Article 56 of the African Charter – insufficient details for Commission action.
 13 July 2017
June 2017
Lawyers Committee for Human Rights v Zaire (Communication 47 of 1990) [2017] ACHPR 3 (30 June 2017)
Commission found evidence of serious human rights violations and referred the matter to the Assembly under Article 58(1).
Human rights violations – arbitrary arrest, detention and torture – evidence of serious or massive violations – Article 58(1) African Charter – referral to the Assembly of Heads of State and Government.
 30 June 2017
Shumba v Zimbabwe (Communication 288 of 2004) [2017] ACHPR 142 (30 June 2017)
State found liable for torture and ill-treatment of a detainee but not for violations of arrest, fair trial, association, or property rights.
Human rights – torture – cruel, inhuman or degrading treatment – constructive exhaustion of domestic remedies – right to liberty and fair trial – right to property – right to association – evidentiary requirements in substantiating torture – state’s investigatory and remedial obligations – Articles 4, 5, 6, 7, 10, and 14 African Charter.
 30 June 2017