African Commission on Human and Peoples Rights - 2022 August

4 judgments
  • Filters
  • Alphabet
Sort by:
4 judgments
Citation
Judgment date
August 2022
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.
2 August 2022
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.
2 August 2022
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).
2 August 2022
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.
2 August 2022