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Citation
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Judgment date
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| November 2022 |
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Communication alleging extrajudicial killings struck out for failure to pursue admissibility under Commission rules.
Human Rights — Admissibility — Failure to file observations on admissibility — Non‑cooperation with procedural deadlines — Strike out under Commission Rules (2010).
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9 November 2022 |
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Arbitrary arrest, incommunicado detention and unfair trial breached multiple African Charter rights; State ordered to compensate and reform laws.
African Commission — admissibility (compatibility, exhaustion, res judicata) — incommunicado detention — torture/inhuman treatment — arbitrary arrest/detention under NSA — denial of prompt access to counsel and unfair special trials — violations of freedom of expression and association — State obligation to investigate, prosecute and provide reparations.
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9 November 2022 |
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The Commission struck out the Communication after the Complainant failed to prosecute by filing admissibility submissions.
Procedure — Rules 105(1) and 113 — failure to file admissibility observations or seek extension — lack of diligent prosecution — strike out; Refugee/deportation allegations under Articles 5, 6, 7, 11 and 12 of the African Charter; Provisional measures granted.
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9 November 2022 |
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Communication struck out for want of diligent prosecution after complainants failed to file admissibility submissions.
Human rights procedure – Rule 105(1) admissibility submissions – Rule 113 extensions – strike out for want of diligent prosecution – lack of sufficient information to determine admissibility.
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9 November 2022 |
| August 2022 |
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A communication alleging mass human-rights violations was declared inadmissible because requested relief threatened State sovereignty.
Human rights — Admissibility — Article 56 African Charter — Compatibility with AU Constitutive Act — Territorial integrity and sovereignty — Provisional measures seeking withdrawal of State forces — Exhaustion of domestic remedies excused where remedies unavailable — Not based exclusively on mass media — Disparaging language threshold.
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2 August 2022 |
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Whether Ethiopia’s anti‑terrorism law and criminal process unlawfully violated detained journalists’ rights to fair trial, expression and health.
Human rights — Freedom of expression — Overbroad anti‑terrorism definitions and criminal prosecution of journalists — Fair‑trial guarantees — prompt information on arrest, access to counsel, presumption of innocence, judicial independence — Right to health — inadequate medical care in detention — Admissibility — exhaustion of domestic remedies — Reparations and legislative reform.
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2 August 2022 |
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Failure to conduct or disclose an ESIA for the Kuraz sugar project violated the peoples’ right to development (Article 22(1).)
Human rights – Indigenous peoples – Admissibility: exhaustion of local remedies – Exception where domestic remedies are ineffective or unavailable – EHRC non-binding and indigence/NGO restrictions impede access; Merits: peoples’ status and indigeneity; no violation of Articles 20(1), 21(1) or 24; violation of Article 22(1) for failure to carry out or publicly disclose ESIA for Kuraz Sugar Project; remedies ordered (ESIA or disclosure; implementation report).
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2 August 2022 |
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State sexual violence in custody is torture and failure to investigate violates multiple Charter rights.
Human rights — Sexual violence in custody constitutes torture; State duty to promptly, impartially and effectively investigate allegations; constructive exhaustion of domestic remedies where threats and intimidation impede access to justice; gender-based discrimination and denial of effective remedy.
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2 August 2022 |
| May 2022 |
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Commission finds torture, fair-trial breaches and arbitrary death sentences; recommends reforms, reparations and investigations.
Human rights in conflict situations — admissibility and exhaustion of local remedies where domestic proceedings unduly prolonged; non-international armed conflict — use of IHL standards (Common Article 3, AP II) as reference; torture and ill-treatment — incommunicado detention, shackling, electric shocks, flogging, sexual assault, denial of medical care — Article 5 violation; fair trial violations in special anti-terrorism courts — denial/restriction of counsel, coerced confessions, defective appeals — Articles 7 and 4 violations; State responsibility under Article 1; remedies and institutional reform.
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13 May 2022 |
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Eviction and exclusion of an indigenous community from ancestral forest violated multiple African Charter rights and requires restitution and reparations.
Indigenous rights; customary land and property; forced eviction and lack of resettlement/compensation; non‑discrimination; right to life, health, education, culture and religion; peoples’ right to natural resources and development; environmental rights; inadmissibility of fortress conservation excluding indigenous peoples; remedies: restitution, compensation, guarantees of non‑repetition.
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13 May 2022 |
| March 2022 |
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A communication alleging arrest and death sentence was struck out for want of diligent prosecution under Rules 105(1) and 113.
Human rights procedure – Communication alleging arbitrary arrest, unfair trial and death sentence – Failure to submit admissibility arguments within two months – Rule 105(1) and Rule 113 – Strike out for want of diligent prosecution.
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9 March 2022 |
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A death-penalty communication was struck out for failure to prosecute and submit merits within prescribed time.
Procedure — Strike out for want of diligent prosecution — Rule 108(1) (submission of merits within 60 days) and Rule 113 (extension on application) — Failure to file submissions or seek extension — Provisional measures and admissibility do not prevent strike out.
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9 March 2022 |
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Communication alleging arrest, torture and surveillance struck out for want of diligent prosecution.
Human rights (Articles 5, 6, 9) – allegations of torture, arbitrary arrest, incommunicado detention and unlawful surveillance; Commission procedure – admissibility, Rule 105(1), Rule 113, diligent prosecution, striking out communications.
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9 March 2022 |
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The applicant’s request to withdraw an interstate communication at the merits stage was granted and the case closed.
Interstate communication – withdrawal by author State at merits stage – Commission’s discretion to accept withdrawal – Rule 124 Rules of Procedure (2020) – amicable settlement attempt – declaration of case closure.
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9 March 2022 |
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The respondent State’s electoral body's annulment of the applicant’s candidacy without hearing violated Articles 7(1) and 13(1).
Electoral law – Candidate eligibility – Residency requirement; Right to a fair hearing – audi alteram partem; Right to participate in government – standing for election; Exhaustion of local remedies – CES as final ad hoc chamber; Commission may decide on merits where State silent.
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9 March 2022 |
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Communication alleging Articles 7 and 12 violations struck out for want of diligent prosecution after procedural inaction.
Human rights complaints – Admissibility – Failure to file evidence and arguments within time – Rule 105(1) and Rule 113 – Strike out for want of diligent prosecution – Alleged violations of Articles 7 and 12 of the African Charter.
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9 March 2022 |
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The applicant's request to withdraw a human-rights communication was granted and the communication declared closed.
African Commission – Communication withdrawal – Request to withdraw granted – Striking out for want of diligent prosecution – Consistent with prior jurisprudence.
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9 March 2022 |
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Respondent violated the applicant’s rights via unfair parliamentary trial, failure to protect property and to investigate/prosecute attacks.
Human Rights – Admissibility and exhaustion of local remedies – exception where remedies ineffective or unduly prolonged – State responsibility for failures to protect against non‑state actors – fair trial guarantees in parliamentary contempt proceedings – unlawful expropriation and lack of adequate compensation – failure to investigate and prosecute sexual and other violent crimes.
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9 March 2022 |
