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Citation
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Judgment date
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| 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 |
| 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 |
| October 2017 |
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A complaint of continuing deprivation of property was found inadmissible due to failure to exhaust domestic remedies in Mozambique.
Admissibility – African Charter on Human and Peoples’ Rights – article 56(5) – local remedies – exhaustion – continuing violation – right to property – right to fair trial – Mozambique – constitutional review – prerogative powers of Attorney General – temporal jurisdiction – procedural requirements for admissibility
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23 October 2017 |
| July 2017 |
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13 July 2017 |
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A generalized communication without specific victims or incidents is inadmissible before the African Commission on Human and Peoples' Rights.
Human rights – admissibility of communications – specificity of victims and incidents – requirements under Article 56 of the African Charter – insufficient details for Commission action.
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13 July 2017 |
| June 2017 |
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Commission found evidence of serious human rights violations and referred the matter to the Assembly under Article 58(1).
Human rights violations – arbitrary arrest, detention and torture – evidence of serious or massive violations – Article 58(1) African Charter – referral to the Assembly of Heads of State and Government.
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30 June 2017 |
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State found liable for torture and ill-treatment of a detainee but not for violations of arrest, fair trial, association, or property rights.
Human rights – torture – cruel, inhuman or degrading treatment – constructive exhaustion of domestic remedies – right to liberty and fair trial – right to property – right to association – evidentiary requirements in substantiating torture – state’s investigatory and remedial obligations – Articles 4, 5, 6, 7, 10, and 14 African Charter.
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30 June 2017 |
| February 2016 |
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A challenge to Zimbabwe’s ousting of judicial review over land expropriation was struck out for lack of diligent prosecution.
African Charter – Admissibility of communications – Ouster of court jurisdiction – Locus standi – Exhaustion of local remedies – Striking out for want of prosecution.
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1 February 2016 |
| August 2015 |
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A constitutional review before Ethiopia’s House of Federation was a necessary remedy prior to filing before the African Commission.
Exhaustion of local remedies—Admissibility of complaints—Constitutional review as an effective local remedy—Role of non-judicial constitutional organs—Rights of civil society organizations—Ethiopian Charities and Societies Proclamation.
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8 August 2015 |
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A complaint about mass death sentences in Egypt was dismissed for failure to exhaust domestic remedies as required by the Charter.
Criminal procedure – Mass trials – Collective death sentences – Right to fair trial and due process – Admissibility – Domestic remedies – Provisional measures – African Charter on Human and Peoples' Rights, Article 56(5) – Requirement to exhaust domestic remedies – Criteria for admissibility of communications.
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8 August 2015 |
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Prolonged arbitrary detention, denial of fair trial, and abuse of procedure found to violate the African Charter's rights to liberty and fair trial.
Human rights – right to liberty and security of person – arbitrary and prolonged pre-trial detention – right to a fair trial – presumption of innocence – right to defence – right to be tried within reasonable time by impartial tribunal – abuse of criminal procedural powers – effective remedies under the African Charter.
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8 August 2015 |
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The Commission struck off a complaint following a formal request for withdrawal by the complainant.
Procedure – withdrawal of complaint – striking communication from the Commission’s list – no determination on merits or admissibility.
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7 August 2015 |
| February 2015 |
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Systematic discriminatory denial of citizenship, legal status, and property rights to Nubians in Kenya violated the African Charter.
Human rights – discrimination – right to nationality – statelessness – property rights – forced evictions – minority rights – equality before the law – non-discrimination – administrative barriers to identity documents – Articles 1, 2, 3, 5, 12, 13, 14, 15, 16, 17(1), 18, African Charter on Human and Peoples’ Rights.
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28 February 2015 |
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A nationality regime enabling systemic discrimination and statelessness violates the African Charter’s core rights and must be reformed.
Human rights – Nationality – Discrimination – Statelessness – Equality before the law – Right to dignity – Participation – Property – Remedies for mass violations under the African Charter; constitutional and legislative reform; right to effective nationality procedures; administrative barriers; practical implementation of international conventions.
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28 February 2015 |
| October 2014 |
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The Commission found no fair trial violation, but ruled Ghana breached judicial independence by executive interference in Supreme Court proceedings.
Fair trial – retroactive criminalization – presumption of innocence – right to defence – judicial independence – Article 7(1)(b), 7(1)(c), 7(2), and 26 of the African Charter – appointment and constitution of courts – executive interference – role of domestic courts in fair trial guarantees – scope of international remedy for breach.
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14 October 2014 |
| July 2014 |
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A communication was declared inadmissible as the complainant failed to exhaust available and effective local remedies in Lesotho.
African Charter on Human and Peoples’ Rights – admissibility of communication – disparaging or insulting language – exhaustion of local remedies – availability and effectiveness of domestic remedies – statelessness – denial of citizenship – access to justice.
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29 July 2014 |
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A detainee’s challenge to indefinite pre-trial detention for a capital offence met admissibility requirements due to unavailable and unduly delayed local remedies.
Human rights – Admissibility of communication – Exhaustion of local remedies – Rights of detainees accused of capital offences – Unreasonable delay in domestic remedies – Article 56 of the African Charter.
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29 July 2014 |
| June 2014 |
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A complaint against Zimbabwe was declared inadmissible for failure to exhaust or attempt local remedies as required by the Charter.
Human rights – African Charter – Admissibility – requirements for exhaustion of local remedies – submission within a reasonable period – unavailability and ineffectiveness of domestic remedies – international complaint inadmissible where no attempt to use local remedies or clear justification for not doing so.
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4 June 2014 |
| April 2014 |
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Suspension of the SADC Tribunal did not breach State Parties’ obligations under the African Charter to provide access to justice and judicial protection.
Human rights – Access to justice – Right to fair trial – Suspension of regional judicial forum (SADC Tribunal) – Obligations of African Charter State Parties limited to national judicial mechanisms – No violation of Articles 7 and 26 for closure of international tribunal.
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30 April 2014 |
| March 2014 |
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Sudan violated multiple Charter rights of human rights defenders through arrest, torture, forced exile, and closure of their organization.
Human rights – Sudan – torture and ill-treatment by state officials – arrest and arbitrary detention – freedom of expression and association – closure of human rights organization – right to work – right to health – exhaustion of local remedies – immunity of security officials – compensation, investigation, and restitution ordered.
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14 March 2014 |
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The Commission declined to seize a complaint for failure to meet Charter admissibility requirements, including language and exhaustion of remedies.
African Charter – admissibility – Article 56 – disparaging language – exhaustion of local remedies – prima facie violation – victim consent – communication not seized.
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14 March 2014 |
| October 2013 |
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The Commission struck out a communication on indigenous land rights in Cameroon due to lack of prosecution by the complainants.
African Charter – Indigenous rights – land rights – effectiveness of remedies – procedural requirements before the African Commission – lack of diligent prosecution – communication struck out
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18 October 2013 |
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Complaint struck out by the African Commission due to the applicant's failure to pursue the case after admissibility.
African Commission on Human and Peoples’ Rights – Communication procedure – Lack of prosecution – Failure by complainant to submit arguments on the merits after admissibility – Communication struck out for want of diligent prosecution.
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18 October 2013 |
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State violated obligations by failing to protect and effectively investigate gender-based sexual attacks on women journalists.
Human rights — Gender-based violence — State positive obligations to prevent, investigate and prosecute — Inhuman and degrading treatment — Discrimination against women — Protection of freedom of expression of journalists — Effective remedies and institutional guarantees.
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12 October 2013 |
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Prolonged detention and delays in trial procedures violated the rights to fair trial and presumption of innocence under the African Charter.
Human rights – fair trial – right to be presumed innocent – right to trial within a reasonable time – prolonged pre-trial detention – collective prosecution – state obligation to harmonize domestic law to human rights treaties – admissibility of communication under Article 56 of the African Charter.
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12 October 2013 |
