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Citation
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Judgment date
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| October 2012 |
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The DRC's confiscation of property and denial of a fair hearing violated the Noca family's rights to equality, justice and property.
Human rights – right to property – deprivation of property by State based on repealed legislation – equality before the law – fair hearing – state obligation to provide effective remedy and restore property or compensate victim – African Charter on Human and Peoples’ Rights, Articles 3, 7.1(c), 14.
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22 October 2012 |
| May 2012 |
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State liability for torture established; constructive exhaustion of remedies applied where fear prevented access to local courts.
Torture and cruel, inhuman or degrading treatment – admissibility – constructive exhaustion of local remedies – state’s obligation to investigate and redress torture – evidentiary burden in human rights claims – right to life, liberty, fair trial, association, and property – interpretation of Articles 4, 5, 6, 7, 10, and 14 of the African Charter.
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2 May 2012 |
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Zimbabwe violated the right to life and failed to provide effective remedies and compensation for wrongful killings by state agents.
Human rights – right to life – extra-judicial killings – excessive use of force by law enforcement – right to effective remedy – state obligation to provide effective and satisfactory compensation to bereaved families – domestic remedies – law reform – violation of Articles 1 and 4 African Charter.
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2 May 2012 |
| March 2012 |
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Communication dismissed as inadmissible for failure to exhaust domestic remedies and meet reasonable time requirement, despite prima facie rights claims.
African Charter on Human and Peoples’ Rights – Admissibility of communications – Exhaustion of local remedies – Requirement of substantiation and reasonable time – Prima facie rights violations and inadmissibility for lack of exhaustion of domestic remedies.
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1 March 2012 |
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A complaint was declared inadmissible for failure to exhaust domestic remedies before approaching the African Commission.
Human rights – admissibility – exhaustion of local remedies – regional human rights complaints – torture – confiscation of property – military court – requirement to attempt domestic remedies before approaching international bodies – inadmissibility for non-exhaustion of local remedies.
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1 March 2012 |
| November 2011 |
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A complaint was found inadmissible by the African Commission due to unreasonable delay in submission after exhausting local remedies.
African Charter on Human and Peoples’ Rights – Admissibility of communications – Exhaustion of local remedies – Requirement to submit communication within a reasonable time after exhaustion of remedies – Application of Article 56(5) and (6).
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5 November 2011 |
| March 2011 |
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Emergency detention and trial procedures, including torture and lack of fair trial guarantees, violated key rights under the African Charter.
Human rights – prohibition of torture and ill-treatment – fair trial rights – independence and impartiality of courts – use of confessions obtained under torture – denial of right to appeal in capital cases – emergency courts and executive control – compliance with African Charter on Human and Peoples' Rights.
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3 March 2011 |
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A communication regarding forced eviction was declared inadmissible for failure to exhaust domestic remedies.
African Charter on Human and Peoples’ Rights – admissibility of communication – local remedies – alleged eviction – exhaustion of local judicial remedies – inadmissibility for pre-maturity.
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3 March 2011 |
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A complaint of enforced disappearance was held inadmissible for failure to exhaust local remedies and unreasonable delay in submission.
Human rights – Enforced disappearance – Continuing violations – Ratione temporis jurisdiction of the African Commission – Exhaustion of domestic remedies – Reasonable time for submission of communications – Inadmissibility due to non-compliance with procedural requirements.
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3 March 2011 |
| November 2010 |
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A complaint challenging Zimbabwe's broadcasting monopoly was dismissed as inadmissible due to unreasonable delay after exhausting local remedies.
African Charter on Human and Peoples' Rights – Admissibility of communications – Article 56 requirements – Reasonable time – Exhaustion of local remedies – Zimbabwe – broadcasting monopoly – freedom of expression.
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24 November 2010 |
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A communication alleging rights violations was declared inadmissible for failure to exhaust or attempt available local remedies in Nigeria.
Human rights – Admissibility of communications – Exhaustion of local remedies – Article 56(5) African Charter – Waiver of exhaustion requirement – Requirement to demonstrate unavailability, ineffectiveness, or insufficiency of domestic remedies – Burden of proof on complainant.
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24 November 2010 |
| May 2010 |
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Expulsion of a non-national without due process, for political expression, violated fair trial, family, and discrimination rights under the African Charter.
Human rights – expulsion of a non-national – due process – freedom of expression – discrimination based on political opinion – right to family life – implementation of international treaty obligations – judicial review of executive action – Botswana Immigration Act – compatibility with African Charter.
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26 May 2010 |
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A communication challenging Tanzania's death penalty laws was dismissed for unreasonable delay in approaching the African Commission.
African Charter on Human and Peoples' Rights – admissibility of communications – exhaustion of local remedies – requirement of submission within a reasonable period – unreasonable delay – complaint on death penalty dismissed as inadmissible.
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26 May 2010 |
| March 2010 |
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A merits decision was reviewed and supplemented after the Commission failed to address all violation allegations and remedies sought.
African Charter – review of merits decision – infra petita – failure to address all allegations and remedies – right to property – state obligations – presumption of impartiality – remedy for Charter violations
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3 March 2010 |
| November 2009 |
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Cameroon was held responsible under the African Charter for failing to prevent and redress post-electoral violence and must compensate victims.
African Charter on Human and Peoples' Rights – State obligations – obligation of result vs diligence – post-electoral violence – duty to prevent and protect – right to effective remedy – compensation for human rights violations – failure to prevent foreseeable violence – State responsibility for private acts under the Charter – unreasonable delay of remedies.
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25 November 2009 |
Human rights and Fundamental freedoms – Economic, Social and Cultural Rights – access to land and rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development |
25 November 2009 |
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A complaint was declared inadmissible for failure to exhaust local remedies and to file within a reasonable time.
African Charter – Admissibility – local remedies – exhaustion – timely submission – whether complainant has exhausted local remedies and submitted within a reasonable period – requirements of Article 56 of the Charter – communication inadmissible for failure to fulfil Article 56(5) and (6).
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25 November 2009 |
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The Commission found no proof that Sudan violated Ethiopian refugees' rights when applying the cessation clause or repatriating refugees.
Refugee law – Cessation clause – Non-refoulement – Right to seek and obtain asylum – Standard of proof for human rights violations – African Charter articles 3, 4, 5, 6, 7, 12(3)-(5) – Burden of proof on forced or coerced repatriation
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25 November 2009 |
| May 2009 |
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Cameroon was found to have violated the Charter by discriminating against Anglophones, but secession was not recognized as a remedy.
Human rights – Non-discrimination – Collective rights – Self-determination – Language and fair trial rights – Economic marginalisation – Judicial independence – African Charter on Human and Peoples’ Rights – Right to secession – Threshold of massive rights violations for self-determination remedy.
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27 May 2009 |
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Sudan was found responsible for massive human rights violations in Darfur, including killings, torture, displacement, and property destruction.
Human rights – State responsibility for gross and systematic violations – Forced displacement, summary executions, torture, rape, destruction of property, failure to protect population – Non-derogable rights under African Charter during armed conflict – Exhaustion of local remedies – Responsibility for acts by State-supported non-state actors – Effective investigations and remedies – Right to development and family life – Mass human rights violations in Darfur region – Sudan found in violation of African Charter Articles 1, 4, 5, 6, 7(1), 12(1),(2), 14, 16, 18(1), and 22.
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27 May 2009 |
| April 2009 |
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Compulsory accreditation and criminalization of journalism under Zimbabwean law violates the right to freedom of expression under Article 9.
Freedom of expression – journalism – compulsory accreditation – criminal sanctions against unregistered journalism – legality and proportionality of restrictions under Article 9 African Charter – domestic law versus international standards – necessity of self-regulation in the journalistic profession.
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3 April 2009 |
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The forced closure of a newspaper and seizure of assets for non-compliance with a contested registration law violated rights to expression, property, and work.
Freedom of expression – mass media – closure of newspaper operation and seizure of assets – proportionality – clean hands doctrine and right of access to court – constitutional challenge – exhaustion of local remedies – violations of Articles 9(2), 14, 15, and 1 of the African Charter.
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3 April 2009 |
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State's arbitrary deportation of a legally resident journalist, in contempt of court orders, violated fair trial, expression, and due process rights.
Human rights – discrimination – equality before the law – judicial independence – freedom of expression – expulsion of legally resident non-citizen – due process – contempt of court – right to fair hearing – enforcement of court orders under the African Charter.
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3 April 2009 |
| November 2008 |
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Communication alleging judicial harassment in Zimbabwe declared inadmissible for failure to exhaust effective local remedies and timely submission.
African Charter on Human and Peoples' Rights – Admissibility – exhaustion of local remedies – reasonable period – evidence of fear or impediment – jurisdiction of Commission – requirements of Article 56.
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24 November 2008 |
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The Commission found that the State violated the right to a fair trial by trying civilians before military tribunals without appeal.
Human rights – fair trial rights – military tribunals – independence and impartiality of judiciary – right to appeal – jurisdiction over civilians by military courts – exhaustion of local remedies – interpretation of Articles 7 and 26 of the African Charter on Human and Peoples' Rights.
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24 November 2008 |
| July 2008 |
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Constitutional restrictions on candidacy and blanket immunity provisions found discriminatory and contrary to African Charter rights.
Human rights – Non-discrimination – Right to participate in government – Equality before the law – Constitutionality of restrictive eligibility requirements for public office – Blanket immunity for public officials – Admissibility where remedies unavailable – Violation of Articles 1, 2, 3(2), 7, 13 of the African Charter.
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29 July 2008 |
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A complaint about systemic corruption and denial of education rights in Nigeria was dismissed for failure to exhaust local remedies.
Human rights – African Charter – Admissibility of communications – Exhaustion of local remedies – Justiciability of socio-economic rights – Nigeria’s domestic implementation of African Charter rights – Prima facie violation and effectiveness of domestic remedies.
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29 July 2008 |
| May 2008 |
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Angola's mass expulsion of lawfully present non-nationals was found to violate multiple provisions of the African Charter.
Human rights – mass expulsion – arbitrary arrest and detention – discrimination against non-nationals – right to due process – right to property – right to work – inhuman and degrading treatment – remedies and compensation for unlawful deportations under the African Charter.
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22 May 2008 |
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Discriminatory land ownership law found to violate non-discrimination and property rights under the African Charter; remedies ordered despite law’s amendment.
Human rights – non-discrimination – right to property – statutory discrimination in land ownership – exhaustion of local remedies – remedies for historical violations after legislative amendment – African Charter on Human and Peoples’ Rights, Articles 2 and 14.
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22 May 2008 |
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The Commission found no violations of Charter rights regarding judicial delays, discrimination, or judicial independence in Zimbabwe’s election petition process.
Human rights – right to fair trial – right to equal protection of the law – judicial delays – independence of judiciary – right to political participation – election petitions – burdens of proof in discrimination and access to justice claims under African Charter – state responsibility for judicial delays.
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22 May 2008 |
| November 2007 |
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A complaint was declared inadmissible due to the applicant's failure to exhaust or justify the non-exhaustion of domestic remedies.
African Charter on Human and Peoples' Rights – admissibility of communications – exhaustion of local remedies – burden of proof on complainant – justifications for failure to exhaust domestic remedies – necessity of substantiating fear and unavailability of remedies.
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28 November 2007 |
| May 2007 |
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Holding journalists incommunicado without trial and banning the press violates multiple rights under the African Charter, with no derogation permitted.
Human rights – Freedom of expression – Prohibition of derogation under African Charter – Detention without trial – Incommunicado detention – Exhaustion of domestic remedies – Freedom of press.
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30 May 2007 |
| November 2006 |
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Refusal to execute a binding court judgment constitutes violations of the rights to fair trial, equality before the law, and property.
Human rights – execution of judgments – right to fair trial – equality before the law – right to property – refusal to execute a final court judgment – exhaustion of local remedies – African Charter on Human and Peoples’ Rights, Articles 2, 3, 7, 14, 21(2).
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29 November 2006 |
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A complaint challenging fair trial rights and judicial independence was dismissed for failure to exhaust all available domestic remedies.
African Charter—admissibility—requirement to exhaust local remedies—right to fair trial—prohibition of retroactive criminalization—judicial independence—interference by executive—criteria for provisional measures.
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29 November 2006 |
| May 2006 |
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A complaint of human rights violations was found inadmissible for failure to exhaust local remedies in accordance with the African Charter.
Human Rights – African Charter – admissibility of communication – exhaustion of local remedies – effectiveness, availability, sufficiency – requirement not dispensed with merely on apprehension of ineffectiveness – pending domestic proceedings preclude admissibility.
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25 May 2006 |
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Communications alleging massive human rights violations in Darfur held admissible as domestic remedies were unavailable, ineffective, and insufficient.
Human rights – Admissibility – Exhaustion of local remedies – Massive and systematic violations of rights in Darfur – State complicity and failure to remedy. African Charter on Human and Peoples' Rights, articles 4, 5, 6, 7, 12(1), 14, 16, 18(1), 22.
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25 May 2006 |
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The Commission discontinued proceedings after parties reached an amicable settlement on media licensing and property rights.
Freedom of expression – private media – administrative refusal and delay in license granting – amicable settlement – discontinuance of complaint – broadcasting rights – amicable dispute resolution
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25 May 2006 |
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A State violates the African Charter by granting blanket amnesty for political violence and foreclosing victims’ right to judicial remedy.
International human rights – State responsibility for violence by non-state actors – Clemency/amnesty orders – Right to an effective remedy – Duty to investigate, prosecute, and compensate victims – Violations of Articles 1 and 7(1) of the African Charter
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25 May 2006 |
| November 2005 |
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The Commission declared inadmissible a complaint against Senegal's amnesty law for failure to exhaust all local remedies.
African Charter – Admissibility of communications – exhaustion of local remedies – identification of victims – challenge to amnesty legislation – interpretation of Article 56 requirements
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29 November 2005 |
| May 2005 |
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A communication challenging fair trial rights was found inadmissible due to the complainant's failure to exhaust local remedies.
Human rights – right to equality before the law – right to defense – exhaustion of local remedies – admissibility of complaints before the African Commission – Benin criminal procedure – jurisdictional requirements.
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11 May 2005 |
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The Commission closed the file without considering the merits due to lack of interest and non-responsiveness from the complainant.
Human rights – Admissibility of communications – Non-responsiveness and lack of interest by complainant – Closure of file by Commission
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11 May 2005 |
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A communication was declared inadmissible for using disparaging language and failing to exhaust local legal remedies.
African Charter on Human and Peoples' Rights – Admissibility – Insulting/disparaging language against State and institutions – Exhaustion of local remedies – Burden on complainant – Article 56(3) and 56(5).
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11 May 2005 |
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A complaint alleging fair trial and non-discrimination violations under Sharia law was withdrawn and the file closed without decision.
Withdrawal of communication – alleged violations of fair trial, right to life, dignity, and non-discrimination – Sharia penal statutes – African Charter on Human and Peoples' Rights – closure of file without decision on merits.
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11 May 2005 |
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Swaziland’s concentration of all powers in the monarchy and bans on association and political parties violate multiple African Charter rights.
Constitutional law – Human rights – separation of powers – fair trial – freedom of association – freedom of assembly – political participation – obligations under the African Charter – judicial independence – constitutional reform.
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11 May 2005 |
| December 2004 |
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Guinea was found liable for mass violations against Sierra Leonean refugees, including discrimination, violence, expulsion, and lack of remedies.
Refugee law – Host State obligations – Mass expulsion – Non-discrimination – Violations of dignity, property, and protection from violence – Exhaustion of local remedies – State responsibility for actions of officials inciting and carrying out abuses.
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7 December 2004 |
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A claim regarding the Bakweri people's land rights was dismissed as inadmissible for failing to exhaust domestic remedies in Cameroon.
African Charter on Human and Peoples’ Rights – admissibility – exhaustion of domestic remedies – allegations of land dispossession and violation of property rights – locus standi – prior international consideration – subjective fears regarding local remedies insufficient to render them ineffective.
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7 December 2004 |
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Communication declared inadmissible for failure to exhaust domestic remedies despite concerns about judicial independence in Kenya.
Human Rights – Admissibility – Exhaustion of local remedies – Reasonable apprehension of bias or ineffective local remedies – Mere apprehension insufficient to absolve exhaustion requirement – Article 56(5) African Charter on Human and Peoples' Rights – Judicial independence – Inadmissibility for non-exhaustion.
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7 December 2004 |
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General prohibition of cannabis use, even without religious exemption, held not to violate freedom of religion under the African Charter.
Freedom of religion – limitation justified by general law; Right to work – compliance with general legal restrictions; Cultural and dignity rights – legitimate limitation for societal interests; Margin of appreciation and subsidiarity – domestic discretion recognized, but subject to Commission oversight.
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7 December 2004 |
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Failure to notify an appellant of a hearing date, resulting in dismissal, violated fair trial guarantees under the African Charter.
Human rights – fair trial – right to be heard – procedural fairness – dismissal of appeal for non-appearance – matrimonial property – procedural rules versus substantive rights – state obligation to ensure effective remedies.
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7 December 2004 |
| June 2004 |
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Communication was declared inadmissible due to the non-exhaustion of domestic remedies following the acquittal and release of the detainees.
Human rights – admissibility – exhaustion of local remedies – Article 56(5) of the African Charter – acquittal and release of detainees – communication inadmissible where local remedies remain available.
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4 June 2004 |
