African Commission on Human and Peoples Rights

282 judgments
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282 judgments
Citation
Judgment date
April 1994
27 April 1994
April 1993
A complaint relating to wrongful detention and torture was held inadmissible as it had already been settled under international law.
Human rights – communication procedure – admissibility – Article 56(7) African Charter – case previously settled under Charter or equivalent international instruments – inadmissibility.
7 April 1993
March 1993
Applicant withdrew a freedom-of-expression communication; the Commission closed the file under Article 56.
Human rights — Freedom of expression — Communication withdrawn by applicant — File closed under Article 56 of the African Charter.
24 March 1993
The Commission ruled the communication inadmissible for failure to exhaust local remedies as required by Article 56 of the Charter.
Admissibility – exhaustion of local remedies – Article 56 of the African Charter – communication inadmissible for failure to exhaust domestic remedies.
3 March 1993
August 1992
A communication offering general political information without specific Charter violations is not admissible and the file is closed under Article 56.
Human rights communications – General political information – Not alleging specific Charter breaches – Non-justiciable communication – File closed under Article 56.
12 August 1992
January 1992
The Commission dismissed a claim for independence, upholding Zaire's territorial integrity in the absence of human rights violations in Katanga.
Self-determination – Article 20(1) of the African Charter – Secession – Sovereignty and territorial integrity – Evidence of human rights violations – Participation in government.
1 January 1992
January 1991
1 January 1991
Commission found denial of due process and recommended the quantum of damages be determined under national law.
Human rights – due process – denial of fair trial – damages – quantum of damages to be determined by domestic law.
1 January 1991
October 1990
Communication alleging wrongful eviction declared inadmissible for failure to exhaust local remedies under Article 55.
Human rights — Admissibility — Requirement to exhaust local remedies under Article 55 of the African Charter and Rule 114 of the Rules of Procedure — Communication alleging wrongful eviction declared inadmissible for non-exhaustion.
4 October 1990
April 1990
A complaint against non-party states to the African Charter was declared inadmissible for lack of jurisdiction.
African Charter on Human and Peoples' Rights – Jurisdiction – Admissibility – Communications against non-party states – Inadmissibility of complaint under Article 101 of Rules of Procedure.
28 April 1990
A communication alleging political imprisonment was declared inadmissible because the respondent State is not a party to the African Charter.
Human rights communications — Admissibility — Respondent State not party to the African Charter — Inadmissible under Article 101, Rules of Procedure.
28 April 1990
The Commission found a complaint inadmissible where brought against a State not party to the African Charter.
African Commission on Human and Peoples' Rights – admissibility – communication against non-party State – lack of jurisdiction – Article 101 of Rules of Procedure
28 April 1990
Communication dismissed as inadmissible because it was directed against a State not party to the African Charter.
Admissibility — Communications against non‑party States — Commission’s competence governed by Rules of Procedure (Article 101) — Inadmissibility.
28 April 1990
November 1989
A communication is inadmissible where the respondent State is not party to the African Charter on Human and Peoples' Rights.
African Charter on Human and Peoples' Rights – Jurisdiction – Admissibility – Communication against a non-party State – Inadmissibility.
4 November 1989
A communication was declared inadmissible where the respondent State was not party to the African Charter.
African Charter on Human and Peoples’ Rights – admissibility – communication against non-party State – Commission lacks jurisdiction under Article 101 of Rules of Procedure.
4 November 1989
A communication alleging extra-judicial executions was declared inadmissible because the respondent State was not party to the Charter.
Human rights — Admissibility — Jurisdiction of the African Commission — Communications against non‑party States — Article 101 Rules of Procedure — Extra‑judicial executions (not reached on merits).
4 November 1989
A communication alleging denial of life was declared inadmissible because the respondent State was not party to the African Charter.
Admissibility — communication alleging denial of right to life — respondent State not party to African Charter — competence of Commission — Article 101 Rules of Procedure.
4 November 1989
Communication alleging false imprisonment declared inadmissible because respondents were not parties to the African Charter.
Human rights communications – Admissibility – Jurisdictional limit where respondent States are not parties to the African Charter – Article 101 Rules of Procedure – Communication declared inadmissible.
4 November 1989
April 1989
Communication alleging denial of self-determination dismissed as inadmissible because the respondent State was not a party to the Charter.
Human rights — Admissibility — Commission's ratione personae jurisdiction — Communication against a State not party to the Charter — Article 101 Rules of Procedure — Self-determination allegation inadmissible.
14 April 1989
October 1988
Communication alleging false imprisonment and property deprivation dismissed as inadmissible because the respondent State is not party to the Charter.
African Commission – Admissibility – Ratione personae – Communication alleging false imprisonment and deprivation of property inadmissible because respondent State is not a party to the African Charter (Article 101, Rules of Procedure).
26 October 1988
A communication against a respondent State not party to the Charter is inadmissible under the Commission’s Rules.
Admissibility — Jurisdiction — Communication directed against a State not party to the African Charter — Inadmissible under Article 101, Rules of Procedure.
26 October 1988
Communication alleging false imprisonment and torture dismissed as inadmissible because respondent State is not party to the Charter.
Admissibility — ratione personae — Commission lacks jurisdiction over communications against States that are not parties to the African Charter; inadmissibility under Article 101 Rules of Procedure.
26 October 1988
Communication against a non-party State to the African Charter declared inadmissible for lack of jurisdiction.
International human rights – African Charter on Human and Peoples' Rights – jurisdiction – admissibility – state not a party to the Charter – communication declared inadmissible.
26 October 1988
A communication against an intergovernmental organization was declared inadmissible as the organization is not a State party to the Charter.
Admissibility – Competence of African Commission – Communications against non-State entities – Intergovernmental organization not a Party to the African Charter – Article 101 Rules of Procedure; Article 30 African Charter.
26 October 1988
A communication against a non-party State to the African Charter was declared inadmissible by the Commission.
Human Rights – admissibility – complaint against non-State Party to African Charter – competence of Commission – inadmissibility of communication where State not party to Charter.
26 October 1988
Communication alleging false imprisonment and torture dismissed as inadmissible because the respondent State is not a party to the Charter.
Human rights — Admissibility — Jurisdiction — Communications directed against States not party to the African Charter — Article 101 Rules of Procedure — Allegations of false imprisonment and torture not considered on merits.
26 October 1988
A communication against a state not party to the African Charter is inadmissible before the Commission.
African Charter on Human and Peoples' Rights – admissibility – jurisdiction – communication against non-party state – inadmissibility.
26 October 1988
Communication alleging corruption and immorality dismissed as inadmissible for misaddressing and non-violation of Charter rights.
Human rights communications — Admissibility — Misaddressed communications to national government — Allegations of corruption and immorality not constituting Charter violations — Article 56 Charter; Rule 114 Rules of Procedure.
26 October 1988
The African Commission found communications against non-party states inadmissible for lack of jurisdiction under the Charter.
African Charter on Human and Peoples' Rights – admissibility of communications – jurisdiction – communication against a non-party state – requirement of state party status.
26 October 1988
26 October 1988
A communication against a non-party State to the Charter is inadmissible before the African Commission.
African Charter on Human and Peoples’ Rights – admissibility – communication against non-party State – jurisdiction – communication inadmissible.
26 October 1988
A communication already submitted to another international human rights body is inadmissible before the African Commission.
Admissibility – prior submission to another international human rights body – Article 56(7) of the African Charter; false imprisonment.
8 October 1988