|
Citation
|
Judgment date
|
| November 1999 |
|
|
Military trials without counsel violated the detained journalists' rights to liberty, fair hearing, and judicial independence; Commission urges release.
Arbitrary arrest and detention; fair trial rights; right to counsel and defence; military tribunals displacing ordinary courts; ineffectiveness of domestic remedies; judicial independence.
|
15 November 1999 |
|
The respondent's use of special military tribunals and detention conditions violated the applicant's fair‑trial rights and prohibition of inhuman treatment.
Special military tribunals; ouster clauses and admissibility; fair trial – right to appeal and impartial tribunal; right to counsel of choice; inhuman or degrading treatment; Articles 5, 7(1)(a),(c),(d) and 26.
|
15 November 1999 |
|
The Commission found Nigeria violated rights to fair trial, freedom of expression, liberty, dignity, and property under the African Charter.
Human rights – freedom of expression – arbitrary detention – right to fair trial – ouster of judicial review – right to property – state harassment of journalists and pro-democracy activists – proportionality and justification of limitations – non-derogability of Charter rights.
|
15 November 1999 |
|
Suspension of habeas corpus and ouster clauses enabling detention without trial violate liberty, fair hearing, and judicial independence.
Human rights law – Habeas corpus – Arbitrary detention – Inhuman and degrading treatment – Incommunicado detention – Access to counsel and family – Ouster clauses – Judicial independence – Articles 5, 6, 7, 18, 26 of the African Charter.
|
15 November 1999 |
|
Ouster clauses rendering domestic remedies ineffective cannot justify continued arbitrary detention in violation of Article 6 of the Charter.
Human rights – right to liberty – arbitrary detention – effect of ouster clauses on availability of domestic remedies – violation of Article 6 African Charter.
|
15 November 1999 |
|
Detention without charge, access to court, or timely trial violates rights to liberty and fair hearing under the African Charter.
Human rights – African Charter – arbitrary detention – right to fair trial – reasonable time – impartial tribunal – lack of access to habeas corpus – government powers under security decrees.
|
15 November 1999 |
|
The respondent's military detention, torture and denial of counsel violated the applicant's rights to dignity, liberty, fair trial and movement.
Human rights — Torture and ill-treatment; arbitrary arrest and detention; denial of counsel and fair trial rights; freedom of movement; constructive exhaustion of domestic remedies under military regimes.
|
15 November 1999 |
| May 1999 |
|
|
Deportations for alleged threats to public order violated Charter rights to equality, due process, freedom of expression, and family life.
Human rights – forced deportation – due process – discrimination – right to family life – freedom of expression, association, and conscience – political persecution – application of limitation clauses under the African Charter.
|
5 May 1999 |
|
Communication inadmissible for failure to exhaust judicial domestic remedies after national commission decision.
Human rights—Admissibility—Exhaustion of domestic remedies under Article 56(5)—National human rights commission not a judicial remedy—Inadmissibility for non-exhaustion.
|
5 May 1999 |
|
Communication alleging persistent slavery in Mauritania found inadmissible due to non-exhaustion of domestic remedies.
Human rights – alleged persistence of slavery and related abuses – admissibility of communication – exhaustion of local remedies – African Charter on Human and Peoples' Rights, art 56(5).
|
5 May 1999 |
| October 1998 |
|
|
Annulment of free elections, arbitrary detention and media bans violated the African Charter; domestic remedies ineffective.
Human rights – right to free and fair elections and participation (Article 13) – annulment of election; arbitrary arrest and detention (Article 6); freedom of expression and right to information (Article 9); state obligation to respect Charter rights (Article 1); ouster clauses and exhaustion of domestic remedies (admissibility under Article 56).
|
31 October 1998 |
|
Nigeria's detention, trial, and execution of activists violated the African Charter's guarantees to fair trial, life, and expression.
Human rights – right to life – right to fair trial – independence of judiciary – freedom from torture and inhuman treatment – freedom of expression – right to association and assembly – state compliance with African Charter obligations – special tribunals – remedies and enforcement of provisional measures.
|
31 October 1998 |
|
Decrees and seizures violated freedom of expression, retroactivity, fair trial, property, liberty and health under the African Charter.
Freedom of expression – Press registration, excessive fees and unreviewable discretion – Retroactivity of penal measures – Ouster clauses rendering domestic remedies ineffective – Arbitrary arrest and detention – Right of defense – Right to property and health.
|
31 October 1998 |
| November 1997 |
|
|
Insufficient evidence that arrest, detention and trial violated Charter rights; communication declared admissible but no violation found.
Human rights – Admissibility – Exhaustion of local remedies and effect of presidential amnesty; Fair trial – right to defence, access to counsel and knowledge of charges; Political rights – allegations of punishment for political opinion; Burden of proof and parties’ cooperation.
|
11 November 1997 |
|
Communication inadmissible for failure to exhaust remedies and to specify Charter violations or prima facie State responsibility.
Human rights – Admissibility – Requirement to exhaust local remedies – Necessity to specify Charter provisions alleged to be violated – Need for prima facie showing of State responsibility – Communication inadmissible.
|
11 November 1997 |
|
The Commission found no Charter violation in the applicant's transit arrest and conviction, but requested humanitarian clemency.
Human rights — Admissibility — UN Sub‑Commission non‑action does not constitute settlement under article 56(7); Exhaustion of local remedies satisfied; Role of African Commission limited to Charter violations where domestic courts have decided facts; Transit‑zone arrests and application of domestic drug law — no Charter violation found; Humanitarian clemency request authorized.
|
11 November 1997 |
|
Mass expulsions by Angola violated Charter protections including non-discrimination and the right to judicial review.
Human rights – Mass expulsion of non-nationals – Prohibition of mass expulsions (Art.12(4)–(5)) – Right to challenge detention and expulsion (Art.7(1)(a)) – Non‑discrimination (Art.2) – Rights to property and family protection (Arts.14,18) – State non‑cooperation and admissibility.
|
11 November 1997 |
| April 1997 |
|
|
Whether a communication using insulting language and lacking sufficient specificity is admissible before the Commission.
Admissibility — Article 56.3 prohibition on disparaging or insulting language — Requirement of specificity in communications to enable meaningful action — Commission’s discretion under Article 55.2 — Prior inadmissibility for lack of prima facie case.
|
24 April 1997 |
|
Post-sentence arbitrary detention, fair-trial breaches and refusal to reinstate after amnesty violated rights to liberty and work.
Human rights — Arbitrary post-sentence detention; administrative detention and presumption of innocence; right to be tried within reasonable time; right to work and reinstatement after amnesty; exhaustion of local remedies; continuing violations from pre-Charter proceedings.
|
24 April 1997 |
| October 1996 |
|
|
Prolonged detention without trial violates rights to liberty and fair hearing under the African Charter.
Human rights – prolonged detention without trial – right to liberty and security of person – right to fair hearing within reasonable time – admissibility of communication where local remedies unavailable – right to return to one's country.
|
31 October 1996 |
|
A communication is inadmissible where the complainant cannot be contacted and no legal successor can be located.
Admissibility — Article 56(1) Charter — requirement of author identification and contact — Rule 104 — loss of contact and death of complainant — inability to locate legal successor — inadmissibility.
|
31 October 1996 |
|
The respondent committed serious or massive violations including ethnic‑based killings, arbitrary detention, and unlawful mass expulsions.
Human rights — Expulsion of refugees — Mass expulsion prohibited — Ethnic discrimination — Arbitrary arrest and detention — Extrajudicial executions — Admissibility exception to exhaustion of local remedies where violations are serious/massive and State does not engage.
|
31 October 1996 |
|
Whether defects in voter-registration procedures without address/ID violated the right to participate under Article 13.
Human rights — Electoral law — Voter registration — Address/identification requirements — Right to participate (Article 13 African Charter) — Admissibility: undue prolongation of domestic remedies — Amicable resolution following State concession and reform commitment.
|
31 October 1996 |
|
The mass expulsion of West Africans from Zambia violated rights to non-discrimination, due process, and protection against mass expulsion.
Human rights – mass expulsion – non-nationals – right to due process – discrimination – right to an effective remedy – African Charter, Articles 2, 7.1(a) and 12(5).
|
31 October 1996 |
| April 1996 |
|
|
The Commission found serious and massive violations of multiple Charter rights by the Government of Zaire, including torture and denial of basic services.
Human Rights – Torture – Arbitrary Arrest and Detention – Extrajudicial Executions – Unfair Trials – Religious Persecution – Restrictions on Freedom of Association and the Press – Right to Health and Education – Serious and Massive Violations – Non-exhaustion of Local Remedies in Cases of Systemic Abuses.
|
4 April 1996 |
|
Whether the respondent’s alleged torture, killings, arbitrary detention and deprivation of basic services constituted serious or massive violations of the African Charter.
Human rights — Communications alleging torture, arbitrary detention, extrajudicial executions, unfair trials, persecution of religious minority, and denial of basic services — Admissibility: exhaustion of local remedies inapplicable where impractical — State non‑response permits Commission to accept complainants’ facts — Violations of African Charter (Arts. 4,5,6,7,8,16,17, etc.) — Article 58 referral.
|
4 April 1996 |
| October 1995 |
|
|
The Commission found serious and massive violations of multiple rights in the African Charter due to State abuses and inaction.
Human rights – African Charter on Human and Peoples’ Rights – serious and massive violations – torture, arbitrary detention, extrajudicial executions, unfair trials, persecution of religious minorities, violations of health and education rights – failure to exhaust local remedies excused by impracticality.
|
31 October 1995 |
|
State liability for massive and serious human rights violations even during civil war under the African Charter.
Human rights – State responsibility for acts of non-state actors – Prohibition of derogation from Charter obligations during civil war – Serious and massive violations – Failure to protect right to life, freedom from torture, security of person, and fair trial – African Charter on Human and Peoples' Rights, Articles 4, 5, 6, 7, and 1.
|
11 October 1995 |
|
The communication was declared inadmissible because the applicant had not exhausted local remedies.
Human rights – Freedom of association – Trade union registration – Admissibility – Exhaustion of local remedies – Article 56(5) African Charter – Undue delay exception not shown – Merits not considered.
|
11 October 1995 |
|
Communication inadmissible because complainants' identities/addresses were not provided, preventing required notifications under Article 56.
Human rights — Alleged unlawful arrest, torture and prolonged detention — Admissibility — Article 56 — requirement of complainants' identity/address for notification — failure to provide address renders communication inadmissible.
|
7 October 1995 |
| March 1995 |
|
|
The Commission closed the communication after the applicant failed to pursue allegations of unlawful detention.
Detention without charge; alleged violations of Articles 6 and 7 of the African Charter; applicant non‑cooperation; closure of communication for failure to pursue.
|
22 March 1995 |
|
The applicant's claim of denial of effective remedy was declared inadmissible for failure to exhaust local remedies.
Human rights — Access to justice and effective remedy — Enforcement of domestic judgment against a foreign state — Exhaustion of local remedies rule — State/diplomatic immunity and availability of remedies.
|
22 March 1995 |
|
The Commission closed a politically-motivated detention complaint after the detainee’s release and loss of contact with the complainant.
Human rights — Detention — Allegation of politically motivated detention — Detainee released — Commission inquiries unanswered — File closed for loss of contact.
|
22 March 1995 |
|
Commission closed wrongful detention communication after receiving information of amicable resolution under Article 50.
Human rights — Alleged wrongful detention — Friendly settlement — Closure of communication under Article 50 — Commission reliance on State and independent sources' reports.
|
22 March 1995 |
|
Special criminal tribunals lacking judicial appeal and impartiality violate the fair trial rights under the African Charter.
African Charter on Human and Peoples' Rights – fair trial – right to appeal – impartial tribunal – special criminal tribunals – remedies – exhaustion requirement – judicial review of death sentences – executive discretion in criminal justice.
|
22 March 1995 |
|
Special tribunals without appeal or judicial review, and trials without counsel, violate Articles 7(1)(a),(c),(d) of the African Charter.
Human rights — Criminal procedure — Special tribunals and prohibition of judicial review — Right of appeal to competent national organs (Art.7(1)(a)) — Right to defence and counsel of choice (Art.7(1)(c)) — Impartial tribunal and military membership (Art.7(1)(d)) — Domestic remedies and non‑exhaustion (Art.56(5)).
|
22 March 1995 |
|
A communication alleging false imprisonment was closed after withdrawal following the prisoner’s release or death.
Human rights — Communications procedure — Alleged false imprisonment — Withdrawal of communication — Case closure — Article 114 Rules of Procedure; Article 56 African Charter.
|
22 March 1995 |
|
Communication inadmissible due to ratione temporis and incoherent, unsubstantiated allegations.
Admissibility – ratione temporis – temporal bar where alleged violations predate State ratification; no evidence of continuing violation; manifestly ill‑founded/incoherent communication; mental health detention; alleged torture, unlawful detention and deprivation of property (Arts. 5, 6, 7, 21).
|
22 March 1995 |
|
The Commission closed the communication after the applicant's release, finding the complaint satisfactorily resolved.
Human rights — Arbitrary/continued detention after sentence expiry — Victim released — Closure of file by African Commission as matter resolved.
|
22 March 1995 |
| November 1994 |
|
|
Allegations of prolonged detention and torture dismissed as inadmissible for failure to exhaust domestic remedies.
Admissibility — Exhaustion of local remedies — Article 56(5) of the African Charter — Communication alleging prolonged arbitrary detention, torture and death in custody declared inadmissible due to pending domestic proceedings.
|
3 November 1994 |
|
Communication inadmissible for failure to exhaust or demonstrate exhaustion of local remedies.
Human Rights – Admissibility – Exhaustion of local remedies – Failure to provide information regarding exhaustion – Communication declared inadmissible.
|
3 November 1994 |
|
Communication declared inadmissible for failure to exhaust domestic remedies; no new grounds for review.
Human rights — Right to fair trial (Article 7) — Admissibility — Non-exhaustion of domestic remedies — Appeal to domestic courts — Service of process and seizure of property.
|
3 November 1994 |
| April 1994 |
|
|
Communication alleging breach of agreement and threats declared inadmissible for failure to exhaust local remedies under Article 56.
African Commission – Admissibility – Exhaustion of local remedies – Article 56 of the African Charter – Communication alleging breach of agreement and threats declared inadmissible.
|
27 April 1994 |
|
Arbitrary detention, torture and denial of fair trial by the respondent breached Articles 4–7; the State remains responsible despite government change.
Human rights — arbitrary detention; right to life; torture and inhuman treatment; right to liberty and fair trial; denial of counsel; state succession of international human rights obligations.
|
27 April 1994 |
|
The Commission finds the respondent’s new government satisfactorily resolved allegations of detention, torture and murder; case closed.
Human rights — Allegations of detention without trial, torture and extrajudicial killing — Release of political prisoners as remedial measure — Commission finds satisfactory resolution following change of government.
|
27 April 1994 |
|
Commission finds alleged torture and killings occurred under a prior administration and is satisfied current government addressed them.
Human rights violations – torture and coerced confession; extrajudicial killings and massacre of demonstrators; large-scale abuses causing displacement; state responsibility and transitional accountability; Commission inquiry and satisfaction with current government response.
|
27 April 1994 |
|
The Commission requested Guinea to provide information on alleged detention without trial within two months pending further consideration.
Human rights – Detention without trial – Communication procedure – Article 57 African Charter; Rules 110 and 115 Rules of Procedure – Request for State information and two‑month time limit.
|
27 April 1994 |
|
The Commission closed a communication on alleged wrongful detention after noting the detainee had already been released.
Human rights — Alleged wrongful detention — Communication under the African Charter — Consideration of changed circumstances (release of detainee) — File closed under Article 56.
|
27 April 1994 |
|
An amicable settlement secured the applicant's release and the Commission closed the file under Articles 97 and 56(1).
Human rights — Allegation of false imprisonment — Amicable settlement effected by Commission member — Author released — File closed under Article 97 Rules of Procedure and Article 56(1) Charter.
|
27 April 1994 |
|
Commission notifies Togo and requests a two‑month response before substantive consideration at next session.
Procedure — Communications under African Charter — Requirement to notify State under article 57 and Rules 110/115 — Request for State response within two months — Deferral of substantive consideration to next session.
|
27 April 1994 |
