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Citation
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Judgment date
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| November 2018 |
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The Commission finds the respondent responsible for systemic arbitrary detention, torture, extrajudicial killings, and fair‑trial and religious‑freedom violations.
Human rights violations – arbitrary arrest and incommunicado detention – torture – extra‑judicial executions – special/revolutionary security courts – denial of fair trial and judicial independence – religious discrimination – restrictions on expression and association – ineffective domestic remedies.
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15 November 2018 |
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A complaint was struck out for lack of diligent prosecution after the complainant failed to meet admissibility requirements.
African Charter on Human and Peoples' Rights – Individual communication – Strict compliance with procedural requirements – Failure to submit admissibility arguments – Dismissal for want of diligent prosecution – Inactivity by complainant
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13 November 2018 |
| October 2018 |
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A communication was struck out by the African Commission for want of diligent prosecution due to failure to submit admissibility arguments.
African Commission procedure – admissibility – failure to submit arguments on admissibility – want of diligent prosecution – striking out communication – procedural requirements and case management.
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18 October 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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18 October 2018 |
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A complaint alleging human rights violations was struck out for failure to prosecute and non-compliance with procedural requirements.
African Charter on Human and Peoples' Rights – Admissibility – Diligent prosecution – Striking out of communication for failure to prosecute – Rules of procedure – Extension of time for submissions.
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18 October 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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18 October 2018 |
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Complaint alleging mass human rights violations struck out by the Commission for lack of diligent prosecution.
Human rights – African Charter – procedure – admissibility requirements – diligence in prosecution – striking out for want of prosecution – institutional rules of procedure – failure to comply with deadline – academic freedom – right to fair trial – suppression of dissent.
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18 October 2018 |
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Where a complainant fails to submit admissibility arguments or engage with the process, the African Commission will strike out the communication.
African Commission procedure – striking out communication – failure by complainant to submit arguments on admissibility – lack of diligent prosecution – Rule 105(1), Rule 113, Rules of Procedure.
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18 October 2018 |
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A complaint was declared inadmissible for failing to meet language and exhaustion of remedies requirements under the African Charter.
African Charter on Human and Peoples' Rights – Admissibility – Use of disparaging language – Exhaustion of local remedies – Undue prolongation – Inadmissibility due to non-compliance with admissibility requirements under Article 56.
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18 October 2018 |
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The Commission struck out the complaint for lack of diligent prosecution due to non-submission of admissibility arguments.
Human Rights – African Commission procedure – Admissibility – Diligent prosecution – Complaint struck out for failure to submit on admissibility within extended deadlines.
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18 October 2018 |
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Selective denial of amnesty violated equal protection and fair trial rights; Uganda ordered to compensate for Charter breaches.
Human rights – Right to equal protection of the law – Grant of amnesty – Selective denial of amnesty – Right to a fair trial – Reasoned judgment – Delay in judicial proceedings – Interpretation and application of amnesty laws post-conflict – African Charter on Human and Peoples’ Rights, Articles 3, 7(1)(a) and (d).
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17 October 2018 |
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A complaint was struck out for failure to submit admissibility arguments and for lack of diligent prosecution.
African Charter communications – failure to comply with procedural requirements – admissibility – failure to diligently prosecute – communication struck out for want of prosecution.
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17 October 2018 |
| September 2018 |
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Communication alleging mass arrests and torture declared inadmissible because the respondent State was not a party to the Charter.
Admissibility – Jurisdiction – Communication against a State not party to the African Charter – Article 101 Rules of Procedure – allegations of mass arrests, detention and torture – inadmissible.
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7 September 2018 |
| August 2018 |
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The African Commission closed the case after the complainant withdrew due to the victim’s release and practical impediments.
Human rights – arbitrary detention, torture, conditions of detention – exhaustion of local remedies – withdrawal of complaint – closure at admissibility stage.
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8 August 2018 |
| April 2018 |
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Legal requirement to declare only state-recognised religions on identification documents violates rights to equality and freedom of religion.
Human rights – Freedom of religion – Discrimination – Forum internum and forum externum – Equality – State reservations to treaties – Neutral legal recognition and documentation of marriages of unrecognised religious minorities – Requirement to declare one's religion.
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28 April 2018 |
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A human rights complaint was declared inadmissible as it was not filed within a reasonable time after exhausting local remedies.
African Charter on Human and Peoples’ Rights – admissibility of communications – exhaustion of local remedies – timeliness of submission – role of national human rights commissions in domestic remedies – fair trial rights – judicial bias – delay as grounds for inadmissibility.
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28 April 2018 |
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Refusal to enforce bail orders, military trial of civilians, and state interference with courts violated the African Charter on Human and Peoples’ Rights.
Human rights – arbitrary detention – refusal to honor court-ordered bail – trial of civilians by military courts – interference with judicial independence – right to a fair trial – right to legal counsel – assault of lawyers – African Charter on Human and Peoples’ Rights, Articles 6, 7, and 26.
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28 April 2018 |
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The Commission dismissed the complaint on res judicata grounds, reaffirming prior orders for Eritrea to end incommunicado journalist detention.
African Charter on Human and Peoples’ Rights – res judicata – admissibility of communications – impartiality and bias – confidentiality – incommunicado detention – state obligations – Commission powers and legal mandate – politicisation of proceedings.
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27 April 2018 |
| March 2018 |
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A complaint over Egypt's rent control laws was dismissed for failure to exhaust domestic remedies and submit within reasonable time.
African Charter – admissibility of Communications – exhaustion of domestic remedies – reasonable time for submission – rent control legislation – landlord property rights – inadmissibility for failure to meet procedural requirements.
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6 March 2018 |
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A complaint was struck out for failure to submit admissibility arguments within the required period, precluding consideration of allegations.
African Commission procedure – communications – admissibility – failure of complainant to submit required arguments on admissibility within prescribed period – strike-out for lack of diligent prosecution.
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6 March 2018 |
| February 2018 |
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The Commission struck out the complaint for lack of diligence after the complainant repeatedly failed to make required submissions.
Human rights – African Charter – African Commission on Human and Peoples’ Rights – admissibility – failure to prosecute – striking out of communication for lack of diligence; administrative law – compliance with procedural deadlines.
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22 February 2018 |
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A complaint was struck out due to the complainant's failure to diligently submit required admissibility arguments.
African Charter on Human and Peoples' Rights – procedure – communications – failure to prosecute diligently – requirement to submit evidence and arguments on admissibility – communication struck out.
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22 February 2018 |
