African Commission on Human and Peoples Rights - 2021

9 judgments
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9 judgments
Citation
Judgment date
December 2021
3 December 2021
October 2021
The Commission found Egypt responsible for arbitrary detention, torture, and fair trial violations under the African Charter, requiring legislative reform and reparations.
Human rights – arbitrary detention – torture and ill-treatment – access to justice – failure to implement court orders – fair trial – legislative deficiencies – state obligations – reparations.
20 October 2021
Use of lethal force by police in dispersing a protest violated multiple Charter rights and Egypt’s obligations to refugees and migrants.
Human rights – right to life, dignity, freedom from torture and inhuman or degrading treatment; excessive use of force in dispersal of protest; right to assembly; right to property; failure to investigate deaths; Egypt’s obligations under the African Charter on Human and Peoples’ Rights; police conduct, crowd control, state accountability.
20 October 2021
Residency-based restrictions on diaspora voting by Zimbabwean citizens held lawful, non-discriminatory and proportionate under the African Charter.
Human rights – right to participate in government – restrictions on diaspora voting – residency requirements – discrimination – equal protection of the law – proportionality and necessity of restrictions on external voting – freedom of expression – interpretation of African Charter.
20 October 2021
The Commission dismissed the respondent state's request to review its merits decision, finding no valid settlement or compelling reason for review.
African Charter on Human and Peoples' Rights – Procedural law – Standing and representation before the Commission – Validity of amicable settlement – Criteria for review of Commission's merits decision under Rule 111 – Requirement for party and victim consent and satisfaction in settlement – Need for new facts or compelling reasons for review.
14 October 2021
July 2021
The Commission found Eswatini violated fair trial and judicial independence rights in disciplinary proceedings against a High Court judge.
Judicial independence – fair trial – impartial tribunal – disciplinary proceedings against judges – recusal of presiding officers – right to a public hearing – exhaustion of local remedies – interference with judicial functions – African Charter on Human and Peoples' Rights, Articles 1, 7, 26.
19 July 2021
April 2021
26 April 2021
17 April 2021
Criminal defamation laws imposing imprisonment on journalists for criticizing public officials violate the right to freedom of expression.
Human rights – Freedom of expression – Criminal defamation – Proportionality and necessity of criminal sanctions – Journalistic speech, public debate and criticism of public officials – Presumption of innocence – Legal certainty – African Charter, arts 7 & 9
16 April 2021