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Citation
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Judgment date
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| November 2024 |
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Applicant alleged judicial bias against self-represented litigants; Commission found no violations by the respondent state.
Judicial impartiality; self-represented litigants; right to be heard (Article 7); exhaustion of local remedies; summary dismissal of leave to appeal; application of domestic procedural law; no established discrimination under Articles 2 and 3.
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6 November 2024 |
| October 2024 |
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Court dismissed applicants' eviction application for lack of personal jurisdiction due to respondent's missing Article 34(6) declaration.
Jurisdiction – Personal jurisdiction – Article 34(6) Declaration required for individuals to access the Court; Application treated as new despite link to earlier case; Preliminary examination under Rule 49(1); Lack of declaration renders application inadmissible.
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16 October 2024 |
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Provisional-measure requests to release a detained political opponent and secure his candidacy were dismissed pending merits.
Provisional measures – prima facie jurisdiction – requirements of extreme gravity, urgency and irreparable harm – provisional relief cannot duplicate merits – requests requiring assessment of domestic proceedings fall to the merits.
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3 October 2024 |
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Court ordered provisional stay of a decree and presidential dismissals to protect judicial independence pending merits.
Human rights — Provisional measures — Article 27(2) Protocol — extreme gravity, urgency, irreparable harm; Judicial independence — separation of powers — executive power to dismiss judges; Stay of implementation of law and presidential decree; Prima facie jurisdiction under Charter and Protocol.
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3 October 2024 |
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Publication request on presidential candidacy was moot; other election-related provisional measures dismissed as merits issues.
Electoral law – provisional measures – mootness of publication request – requirements for provisional measures: extreme gravity, urgency and irreparable harm – merits-related electoral challenges (sponsorship requirement, Bulletin No. 3, validation of rejected candidacies, composition of electoral management body) not suitable for provisional relief.
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3 October 2024 |
| August 2024 |
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Communication inadmissible for failure to exhaust local remedies after default judgment rescission; Articles 56(5) and (6) unmet.
Admissibility — Article 56(5) & (6) African Charter — exhaustion of local remedies — rescission of default judgment reopens domestic proceedings — leave to appeal dismissals do not equate to merits adjudication.
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2 August 2024 |
| June 2024 |
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Communication admissible for most claims due to undue domestic delays, but Commission found no violation of the African Charter and dismissed reliefs.
• Admissibility — exhaustion of local remedies — undue prolongation by judicial authorities; • Human rights — right to participate in government (Article 13) and equality (Article 3); • Fair trial — right to hearing, appeal and trial within reasonable time (Article 7) — judicial delays and bench composition; • Prohibition of torture and degrading treatment (Article 5) — requirement of cogent evidence; • Remedies — Commission declines relief where no Charter violations established.
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3 June 2024 |
| May 2024 |
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23 May 2024 |
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Blanket exclusion of first‑born daughters from chieftainship is unlawful sex discrimination; State must reform law and customary practice.
Human rights — Gender discrimination — Customary succession — African Charter and Maputo Protocol — Commission’s contentious jurisdiction over Protocol — Obligation to eliminate discrimination in law and custom — Recommendation to amend Chieftainship Act to permit first‑born daughters’ succession.
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3 May 2024 |
| March 2024 |
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Respondent State violated Articles 1, 5, 6 and 7 through torture, arbitrary detention and denial of fair trial.
Human rights — Admissibility — Exhaustion of local remedies — Remedies unavailable where victim’s health, finances and well‑founded fear prevent return; Merits — Torture and ill‑treatment; Arbitrary arrest and prolonged incommunicado detention; Denial of access to counsel and prompt judicial review; State’s duty to investigate and provide reparation; Remedies: investigation, prosecution, compensation, apology, safeguards and training.
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8 March 2024 |
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State breached due-diligence obligations by failing to prevent, investigate and prosecute trafficking and discriminating against the victim.
Admissibility — exhaustion exception where domestic remedies ineffective; Trafficking & sexual exploitation — State due-diligence to prevent, investigate and prosecute; Article 5 African Charter — cruel, inhuman or degrading treatment and trafficking; Articles 2 and 18(3) — substantive equality and multiple discrimination of women; Remedies — investigations, prosecutions, legislative reform, compensation determination by domestic courts, reporting requirement.
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8 March 2024 |
| August 2023 |
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Communication admissible; Commission finds no violation of Charter rights though deplorable housing conditions require concrete State action.
Human rights — Housing rights and eviction — Admissibility under Article 56 (exhaustion, timeliness, prima facie) — Merits: factual deprivation established but no State violation of Articles 5, 17, 18, 19, 22, 24 — Margin of appreciation, subsidiarity, progressive realization — Commission will not reopen admissibility absent new evidence.
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2 August 2023 |
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State violated rights by failing to execute a final judgment awarding criminal sanction and compensation to a rape victim.
Human rights enforcement — non‑execution of final domestic judgment — rape by State agent — right to effective remedy and fair trial — right to property — Maputo Protocol obligations — reparations, interest and guarantees of non‑repetition.
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2 August 2023 |
| May 2023 |
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Forced genital examinations and related abuse of detained women amounted to torture, discrimination and violations of multiple Charter rights; State must prosecute, reform and compensate.
Human rights — Forced genital (virginity) examinations of detained women — Gender‑based and politically‑motivated sexual violence — Torture and cruel, inhuman or degrading treatment — State duty to investigate and provide remedies — Military justice vs civilian jurisdiction — Independence and impartiality of courts — Exhaustion and undue prolongation of local remedies.
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23 May 2023 |
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Communication alleging rendition and ill‑treatment inadmissible for failure to exhaust local remedies.
Admissibility — Article 56 — Exhaustion of local remedies; unduly prolonged proceedings; requirement that domestic remedies be available, effective and sufficient; timing under Article 56(6).
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23 May 2023 |
| March 2023 |
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Exemption from exhaustion due to undue delay; Anti‑Terrorism law found incompatible with African Charter; multiple rights violated.
Human rights — Anti‑Terrorism law — Vagueness and overbreadth — Exhaustion of local remedies and undue delay — Provisional measures — Violations of liberty, fair trial, religion, expression, association and assembly — Request to amend national anti‑terror law to comply with African Charter.
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7 March 2023 |
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Communication declared inadmissible for disparaging language, failure to exhaust domestic remedies and premature filing.
Admissibility — Article 56(3): disparaging/insulting language; Article 56(5): exhaustion of local remedies (availability/effectiveness); Article 56(6): reasonable time; jurisdiction ratione materiae/personae/temporis/loci.
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7 March 2023 |
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Communications inadmissible for use of unsubstantiated disparaging language and failure to exhaust domestic remedies within a reasonable time.
African Charter — Admissibility — Article 56(3) disparaging/insulting language; Article 56(5) exhaustion of local remedies; Article 56(6) timeliness; Vetting Board findings do not automatically render domestic remedies unavailable.
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7 March 2023 |
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Commission finds State responsible for mass human rights violations and orders investigations, reparations and legal reforms.
Human rights in armed conflict — admissibility exception to exhaustion of local remedies for mass violations; State responsibility for indiscriminate bombardment, extrajudicial killings, torture, arbitrary detention, sexual and gender-based violence, forced displacement, denial of information and discriminatory targeting of an ethnic group (Nuba); remedies — investigations, reparations, legal reform, humanitarian access.
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7 March 2023 |
| November 2022 |
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A human‑rights communication alleging extrajudicial killings was struck out for failure to submit admissibility observations and to cooperate.
Human rights – African Charter – Allegations of arbitrary detention and extrajudicial killing – Admissibility procedure – Rule 105(1) (2010 Rules) – Failure to submit observations on admissibility – Non‑cooperation – Communication struck out.
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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 compensation and legal reforms.
Human rights — Arbitrary arrest and incommunicado detention — Torture and inhuman treatment (Article 5) — Right to personal liberty (Article 6) — Fair trial: prompt access to counsel and judicial review (Article 7(1)(c),(d)) — Freedom of expression and association (Articles 9(2),10) — Admissibility: exhaustion of domestic remedies excused where remedies ineffective; UN Working Group not a treaty‑body under Article 56(7) — NISS/GIS immunity and National Security Act problematic — Remedies: compensation, investigation, prosecution, legislative and detention reforms (Robben Island Guidelines, fair trial principles).
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9 November 2022 |
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Communication struck out for want of diligent prosecution after complainant failed to file admissibility submissions or seek extension.
Procedure – Admissibility – Obligation on Complainant to submit admissibility arguments within time fixed under Rule 105(1). Procedure – Extensions – Rule 113 permits time extensions but applicant must request them. Procedure – Lack of diligent prosecution – failure to file admissibility submissions or seek extension for over two years grounds for striking out communication. Provisional measures – grant of provisional measures does not prevent procedural striking out where complainant fails to prosecute.
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9 November 2022 |
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Communication alleging mass evictions struck out for want of diligent prosecution after failure to submit admissibility materials.
Human rights — Evictions and land disputes — Procedural law — Admissibility — Rule 105(1) (two‑month admissibility submissions) — Rule 113 (extensions) — Strike out for want of diligent prosecution — Withdrawal of counsel — Overlap with African Court proceedings.
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9 November 2022 |
| August 2022 |
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Commission finds fair‑trial, freedom‑of‑expression and health rights violations and orders compensation and anti‑terrorism law reform.
Admissibility — exhaustion of domestic remedies; Fair trial — prompt information of charges, access to counsel, presumption of innocence; Freedom of expression — overbroad anti‑terrorism law and arbitrary application to journalists; Right to health — State obligation to provide timely medical care in detention; Remedies — compensation and legislative reform.
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2 August 2022 |
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Whether Ethiopia’s dam and sugar projects violated indigenous peoples’ rights, especially failure to conduct/disclose ESIA and secure FPIC.
Indigenous peoples – admissibility: exhaustion of local remedies – EHRC non-judicial – indigence exception – recognition of "peoples" – obligations to consult and obtain free, prior and informed consent – environmental and social impact assessment (ESIA) – right to development (Article 22) – Gibe III dam (no violation proved) – Kuraz Sugar Project (procedural violation for lack of ESIA/public disclosure).
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2 August 2022 |
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Respondent failed to prevent, investigate and remedy torture, rape, arbitrary detention and related Charter violations.
African Commission — Admissibility: constructive exhaustion where threats and intimidation render domestic remedies ineffective; Sexual violence in custody — rape and gang‑rape can amount to torture; State duty of due diligence — obligation to conduct prompt, impartial and effective investigations and to provide reparation; Violations found: Articles 1,2,3,5,6,7(1)(a),9(2),10(1),11,12(1)–(2) of the African Charter; Remedies: compensation, prosecution, institutional reform, safeguards and training.
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2 August 2022 |
| May 2022 |
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The respondent State violated detainees' rights through torture, unfair trials, and arbitrary death sentences contrary to the African Charter.
Human rights / criminal justice – admissibility – exhaustion of local remedies – undue delay of Constitutional Court proceedings; Prohibition of torture – Article 5 – physical and psychological abuse, denial of medical care, shackling and incommunicado detention; Fair trial – Article 7 – denial/restriction of prompt access to counsel, delayed arraignment, defective special/Anti‑Terrorism procedures, coerced confessions, ineffective appeals; Right to life – Article 4 – death sentences imposed after unfair trials constitute arbitrary deprivation of life; State obligation – Article 1 – failure to respect and give effect to Charter rights; Remedies – reform of anti‑terrorism laws, investigations, prosecution, compensation, training and safeguards.
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13 May 2022 |
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The respondent violated the Batwa’s indigenous rights by evicting them from ancestral lands without consultation or redress.
Admissibility — domestic remedies unavailable/unduly prolonged; Indigenous peoples — recognition of Batwa and collective rights; Property — customary occupation equates to property rights; Forced eviction without resettlement — violations of life, health, culture, religion and development rights; Remedies — restitution, demarcation/titling, compensation, community fund, removal of non‑Batwa, public apology, training.
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13 May 2022 |
| March 2022 |
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Communication alleging arrest and death sentence struck out for want of diligent prosecution.
Communications – Admissibility – Rule 105(1) obligation to file admissibility arguments – Rule 113 extension procedure – Strike out for want of diligent prosecution – Prior Commission jurisprudence supporting strike out.
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9 March 2022 |
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Communication alleging clemency and death‑penalty violations struck out for lack of diligent prosecution.
Procedure – Strike out for want of diligent prosecution – Rule 108(1) (merits submissions) and Rule 113 (extension) – failure to submit observations or seek extension – provisional measures – allegations regarding clemency process and death penalty.
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9 March 2022 |
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Communication alleging torture and Charter violations struck out for want of diligent prosecution.
Human rights procedure – Admissibility – Rule 105(1) Rules of Procedure – requirement to file admissibility evidence and arguments within two months; Procedural fairness – Rule 113 – extension of time may be sought but was not; Diligent prosecution – prolonged inaction (almost four years) permits striking out; Allegations substantiating merits included torture, incommunicado detention and violations of Articles 5, 6 and 9 of the African Charter.
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9 March 2022 |
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The Commission granted a complainant State’s request to withdraw a communication and closed the case.
Withdrawal of communications – Request by complainant State at the merits stage – Admissibility and amicable settlement attempts – Application of Rule 124 of the Commission’s Rules of Procedure – Closure of file.
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9 March 2022 |
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Annulment of a candidacy without notice or hearing violated the rights to be heard and to participate in government.
• Human rights — Admissibility — Article 56 ACHPR — exhaustion of local remedies where entity is an ad hoc highest court • Right to fair hearing — Article 7(1)(a) ACHPR — notice, opportunity to be heard, equality of arms • Political rights — Article 13(1) ACHPR — right to stand for public office; proportionality of restrictions and compatibility of electoral law • Electoral law — interpretation and application of residency requirements and challenge mechanisms
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9 March 2022 |
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The applicant's communication was struck out for want of diligent prosecution for failure to file admissibility submissions.
Procedure — Strike out for want of diligent prosecution; Rule 105(1) — obligation to file admissibility evidence within two months; Rule 113 — extension of time; failure to prosecute — dismissal for lack of sufficient information to determine admissibility.
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9 March 2022 |
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The Commission granted the complainant's request to withdraw the communication and closed the case.
Human rights communications — Withdrawal by complainant — Commission's discretion to allow withdrawal — Procedural striking out for want of diligent prosecution — Reliance on prior jurisprudence.
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9 March 2022 |
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Respondent violated multiple Charter rights by failing to protect the applicant, expropriating property and imposing unfair parliamentary punishment.
Admissibility — exhaustion of local remedies — exceptions where domestic remedies are ineffective or unduly prolonged; State due‑diligence obligation for harms by non‑state actors; parliamentary privilege proceedings subject to fair trial and impartiality guarantees; compulsory acquisition must follow law and include adequate, timely compensation; arbitrariness of detention and right to counsel.
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9 March 2022 |
| December 2021 |
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3 December 2021 |
| October 2021 |
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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.
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20 October 2021 |
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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.
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20 October 2021 |
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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.
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20 October 2021 |
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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.
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14 October 2021 |
| July 2021 |
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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.
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19 July 2021 |
| April 2021 |
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26 April 2021 |
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17 April 2021 |
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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
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16 April 2021 |
| September 2020 |
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A dissolved juridical entity lacks standing to submit a communication before the African Commission under Article 56(1) of the Charter.
African Charter on Human and Peoples’ Rights – admissibility of communications – locus standi – requirement that a complainant must be a legally recognized entity at the time of filing – effect of dissolution of juridical person prior to complaint – exhaustion of local remedies – mass media evidence.
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9 September 2020 |
| August 2020 |
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Communication dismissed for failure to exhaust local remedies and comply with admissibility requirements under the African Charter.
African Charter on Human and Peoples' Rights – admissibility of communication – local remedies – requirement to exhaust domestic remedies – judicial review and human rights proceedings under Nigerian law – inadmissibility due to failure to exhaust remedies and submit within reasonable time.
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17 August 2020 |
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A complaint regarding violations of fair trial and related rights was ruled inadmissible for delayed submission after exhausting remedies.
Human Rights – African Charter – admissibility of communications – failure to submit complaint within a reasonable time after exhaustion of local remedies – fair trial rights – right to equality before the law – exhaustion of domestic remedies.
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17 August 2020 |
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A complaint against the State was struck out for want of diligent prosecution after complainants failed to submit admissibility arguments.
Human rights – African Charter on Human and Peoples’ Rights – admissibility – diligent prosecution – communication struck out for failure to comply with procedural requirements – Rule 105(1) of Rules of Procedure.
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17 August 2020 |
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16 August 2020 |
