African Court on Human and Peoples Rights

475 judgments
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475 judgments
Citation
Judgment date
December 2025
Court affirmed jurisdiction to monitor compliance and ordered immediate implementation of reparations and land‑rights remedies by the respondent.
Compliance hearing – Jurisdiction to monitor and enforce Court judgments – Non‑compliance with reparations: unpaid pecuniary awards; failure to identify, delimit, demarcate and title ancestral land; inadequate consultation; lack of recognition of indigenous status; non‑establishment of development fund; late reporting – Provisional measures declined.
4 December 2025
Court finds fair-trial violation for absence of Constitutional Court; orders TND1,000, operationalisation, publication and report.
Human rights jurisdiction — admissibility — exhaustion of local remedies — divorce and criminal adultery proceedings; Right to terminate marriage — appeal preserves marital status under domestic law; Right to a fair trial — absence/non-operationalisation of Constitutional Court prevented constitutional challenge; Reparations — modest moral damages and orders to operationalise Constitutional Court, publish judgment and report implementation.
4 December 2025
Provisional measures dismissed for failure to prove extreme gravity, urgency and irreparable harm.
Provisional measures — prima facie jurisdiction; requirements of extreme gravity, urgency and irreparable harm; burden to produce concrete, verifiable evidence; mootness of requests.
4 December 2025
Court exercised its discretion to reopen pleadings and allow the respondent an out‑of‑time filing, with applicants given 45 days to reply.
Procedure — Reopening pleadings — Rule 46(3) — Inherent powers under Rule 90 — Leave to file out of time — Sensitive consultations — Death-penalty case involving person with albinism — Recusal of President.
2 December 2025
October 2025
Application struck out for failure to pursue proceedings; restoration permitted upon showing good cause.
Procedural law – Striking out for failure to prosecute – Rule 65(1)(b) and (c) – Applicant uncontactable after presidential pardon – Restoration under Rule 65(3).
9 October 2025
September 2025
Court reopens pleadings to admit respondent’s post-pleadings submission including new electoral legislation.
Procedure — Reopening pleadings — Rule 46(3), Rule 46(4) and Rule 90 — Admission of post-pleadings material — Consideration of subsequent domestic legislation (Act No. 2 of 2024) — Interests of justice.
15 September 2025
August 2025
Court reopens pleadings to allow respondent to file additional evidence in election-related human rights application, denying an extraordinary-session request.
Procedure — Reopening pleadings — Rule 46(3) and inherent powers under Rule 90 — Admission of additional evidence after closure of pleadings — Election-related human rights complaints — Interest of justice and public importance.
5 August 2025
June 2025
The Court finds jurisdiction and admits the applicant's inter-state human rights claim alleging respondent's extraterritorial involvement in armed conflict.
Inter-state procedure — Jurisdiction under Article 3(1) of the Protocol — No prerequisite proof of prior bilateral ‘dispute’; material jurisdiction established where alleged rights arise under ratified human-rights treaties. Territorial jurisdiction — Extraterritorial application where State armed involvement internationalises a non-international armed conflict. Admissibility — Preliminary political/regional settlement procedures not prerequisite to Court proceedings; abuse of process and parallel proceedings not established; exhaustion of domestic remedies dispensed with where massive, systemic violations render remedies impractical; applications not admissible only if based exclusively on mass media. Reservation of merits and ordering of pleadings.
26 June 2025
By default, the Court held that removal of the applicant from the voters’ register did not violate his rights.
Electoral law – Disqualification from voters’ register based on default criminal conviction – Presumption of innocence and finality of judgment – Admissibility and jurisdiction despite withdrawal of Article 34(6) Declaration – Default judgment under Court Rules.
26 June 2025
The mandatory death penalty and hanging violate the applicant’s rights to life and dignity; assessors’ conduct did not breach impartiality.
Human rights — Criminal procedure — Fair trial — Assessors’ role and impartiality — Admissibility — Exhaustion of local remedies — Mandatory death penalty — Right to life (Article 4) — Right to dignity and prohibition of cruel, inhuman or degrading punishment (Article 5) — Hanging as execution method — Reparations and legislative measures.
26 June 2025
Application declared inadmissible for failure to exhaust local remedies; Court rendered judgment in default.
Jurisdiction — personal, material, temporal and territorial; Default judgment — conditions for rendering judgment in default; Admissibility — exhaustion of local remedies under Article 56(5) and Rule 50(2)(e); Prohibited Immigrant status — effect on availability of domestic remedies; Costs — each party to bear own costs.
26 June 2025
Failure to deliver appellate judgments in open court violated the applicant's fair trial rights; property claim dismissed.
Human rights — fair trial — delivery of judgments in open court — Article 7(1)(a) African Charter; Article 14(1) ICCPR — property rights (Article 14 African Charter) — admissibility and jurisdiction — state responsibility for acts of domestic organs — reparations: moral damages, publication and reporting.
26 June 2025
Court finds police brutality, ineffective state-provided counsel, unreasonable delay and mandatory death penalty unlawful; orders remedy and reforms.
Jurisdiction; admissibility; police brutality and failure to investigate (Article 5); effective legal assistance and counsel conflict (Article 7(1)(c)); undue trial delay (Article 7(1)(d)); court assessors' role; mandatory death penalty violates right to life (Article 4); hanging amounts to cruel, inhuman or degrading treatment (Article 5); reparations and legislative and remedial orders.
26 June 2025
Request to suspend prosecutorial summons and travel ban dismissed for lack of urgency and irreparable harm.
Provisional measures – Prima facie jurisdiction – Requirement of extreme gravity, urgency and irreparable harm – Delay undermining urgency – Suspension of prosecutorial summons and travel ban.
26 June 2025
Application declared inadmissible for failure to exhaust domestic remedies despite Court’s jurisdiction and the Respondent’s default.
Default judgment — Respondent duly notified but failed to respond; Court may render judgment by default. Jurisdiction — material, personal, temporal and territorial jurisdiction established. Admissibility — Application inadmissible for failure to exhaust domestic remedies where criminal investigations and appeals were ongoing. Costs — each party to bear its own costs.
26 June 2025
Applicant alleged discriminatory denial of police promotion and procedural unfairness; Court found no violation.
Equality before the law – police promotion criteria – application of Decree No. 06-053/P-RM (6 Feb 2006) – burden of proof for discrimination; Judicial development of jurisprudence – permissible reversal with reasons; Right to a hearing – appeal time-limits and proof of service; Admissibility – exhaustion of local remedies and reasonable time.
26 June 2025
Provisional measures to withhold regional recognition of a leader dismissed for prejudging the merits despite prima facie jurisdiction.
Provisional measures – Prima facie jurisdiction – Extreme gravity, urgency and irreparable harm required – Request prejudging merits by seeking identical relief – Recognition of a head of state – Regional organisation (WAEMU).
26 June 2025
Challenge to amnesty law dismissed as inadmissible for failure to exhaust effective domestic remedies despite Court’s jurisdiction.
Human rights — Amnesty law — Post‑election violence — Jurisdiction of African Court to assess domestic judicial acts and order reparations — Non‑exhaustion of domestic remedies (Constitutional Court) — Admissibility.
26 June 2025
Application dismissed as inadmissible for failure to exhaust available domestic remedies.
Admissibility — exhaustion of local remedies — Constitutional Court as available and effective remedy — presumption of judicial independence — post‑filing domestic decisions cannot excuse prior non‑exhaustion.
26 June 2025
Court limited its jurisdiction, striking out non-consenting States and an NGO lacking observer status; application proceeds against six States.
Jurisdiction – Article 5(3) and Article 34(6) of the Protocol – observer status requirement for NGOs – effect of State withdrawal of Article 34(6) declaration – Rule 90 (inherent powers) – striking out non-jurisdictional parties – renaming and service of application.
17 June 2025
Court exercised discretion to reopen pleadings, deemed late Response filed, and granted the Applicant 30 days to reply.
Procedure — Reopening pleadings — Discretion under Rule 46(3) and inherent power under Rule 90 — extension of time for filing pleadings — late Response deemed duly filed — service and 30-day right to reply.
2 June 2025
May 2025
Court reopened pleadings and ordered Tanzania to file a response within seven days on electoral participation claims.
Human rights — Electoral rights — Political participation — Voting restrictions on prisoners, death‑sentenced persons and diaspora — Procedural law — Reopening pleadings — Court discretion under Rule 46(3) and inherent power under Rule 90.
20 May 2025
February 2025
Court reopened pleadings in an electoral-rights application and admitted amici curiae submissions.
Electoral law; reopening pleadings under Rule 46(3) and inherent power (Rule 90); admissibility of additional submissions; leave for amici curiae (RFK, IHRDA); complex public-interest electoral disputes.
28 February 2025
Court lacks jurisdiction to hear claims against AU/AUC because they are not State Parties to the Protocol.
Jurisdiction – African Court – Limits of jurisdiction to State Parties to the Protocol; International organisations (AU/AUC) not party to Protocol cannot be sued before the Court; Preliminary examination of jurisdiction under Rule 49(1); Application alleging violations of participation rights (Art.13 African Charter; Art.25 ICCPR).
12 February 2025
Failure to provide free legal assistance violated the right to defence; conviction otherwise upheld; limited moral damages awarded.
Human rights — Fair trial — Right to defence and free legal assistance — Article 7(1)(c) African Charter read with ICCPR Article 14(3)(d); admissibility — exhaustion of local remedies; merits — review of domestic evidentiary assessment; reparations — moral damages, legislative reform of legal aid.
5 February 2025
Application alleging fair-trial violations dismissed as inadmissible for failure to exhaust domestic cassation remedies.
Human rights — Fair trial (access to courts, right to defence, reasoned judgment) — Admissibility — Exhaustion of local remedies — Cassation as available and effective remedy — Ignorance or lack of counsel not a ground for non-exhaustion — Jurisdiction preserved despite withdrawal of Article 34(6) declaration for pending cases.
5 February 2025
Application dismissed as inadmissible for failure to exhaust available domestic remedies despite Court having jurisdiction.
Human rights jurisdiction — material, personal, temporal and territorial jurisdiction; Admissibility — requirement to exhaust local remedies; Availability and effectiveness of domestic remedies under Tunisian Code of Criminal Procedure (acting as injured party; bringing accused before court); Premature filing; Costs — each party to bear own costs.
5 February 2025
State violated multiple Charter rights of persons with albinism by failing to prevent, investigate and remedy attacks, discrimination and trafficking.
Human rights — Persons with albinism — Non-discrimination; right to life; prohibition of torture; dignity; children’s rights (anti‑trafficking, best interests, education); right to health; State due diligence; Article 1 obligations; reparations and systemic remedies.
5 February 2025
Mandatory death penalty violates right to life; hanging breaches dignity — Court orders annulment, new sentencing and repeal.
Human rights — Jurisdiction and admissibility — Exhaustion of local remedies and reasonable time — Death penalty — Mandatory sentencing violates right to life — Hanging violates inherent dignity — Remedies: annulment of mandatory sentence, new sentencing hearing, repeal of mandatory death penalty and method of execution, moral damages, publication and reporting.
5 February 2025
Application declared inadmissible for failure to exhaust domestic remedies; judgment rendered by default after respondent's non‑participation.
Procedure — Default judgment under Rule 63(1) — Respondent's failure to file Response; Jurisdiction — Article 3 of Protocol; Article 34(6) declaration withdrawal non-retroactive; Admissibility — Exhaustion of local remedies required; first-instance in limine litis dismissal appealable under national law (Article 162(2) Ivorian Code of Procedure); Application declared inadmissible for failure to exhaust remedies; costs — each party bears own costs.
5 February 2025
Application dismissed as inadmissible for failure to exhaust local remedies; Court affirmed jurisdiction over human-rights aspects.
Human rights jurisdiction over contractual disputes; Court may review compliance of national judicial proceedings with Charter standards (not an appellate court); exhaustion of local remedies; undue prolongation; availability of Constitutional Court remedy; inadmissibility for failure to exhaust remedies.
5 February 2025
November 2024
Court exercised discretion to reopen pleadings and granted the respondent an extension under Rules 46(3) and 90.
Procedure — Reopening pleadings; Extension of time — Rule 46(3) Rules of Court; Inherent powers — Rule 90; Withdrawal of Article 34(6) Declaration — effect on pending cases.
29 November 2024
The Court dismissed a request to suspend dismissals of two judges, finding no demonstrated extreme gravity, urgency or irreparable harm.
Provisional measures – Article 27(2) Protocol – threshold of extreme gravity, urgency and irreparable harm – prima facie jurisdiction – pending domestic remedies – suspension of administrative and presidential acts.
20 November 2024
Fair‑trial claim dismissed; mandatory death sentence and hanging found to violate rights to life and dignity.
Criminal procedure – fair trial – contradictions in prosecution testimony – Court of Appeal’s deference to trial court on evidence; Human rights – mandatory death penalty violates Article 4 (right to life); Execution by hanging violates Article 5 (dignity); Default of State – decision in default; Remedies – repeal mandatory death penalty, vacatur and resentencing, remove hanging, publication and reporting.
13 November 2024
Applicant's fair-trial complaints dismissed; Court finds no violations and renders judgment in default.
Human rights — Fair trial — Alleged breaches: right to be heard; conviction on unreliable evidence; right to challenge prosecution evidence; presumption of innocence; notification of charges; reasoned judgment — Default judgment where State fails to respond — Jurisdiction and admissibility under Article 56 of the African Charter.
13 November 2024
Application alleging infringement of electoral participation rights dismissed for failure to exhaust domestic remedies.
Human rights — Electoral rights — Right to political participation — Amendments to Electoral Code; Admissibility — Exhaustion of local remedies; Procedural requirements for constitutional review; Jurisdiction of African Court; Default of State; Suo motu judgment in default.
13 November 2024
Whether reserving a child's surname to the father violates gender-equality obligations; rendered moot by a 2021 legislative amendment.
Human rights — Equality between men and women — Surname rights of a child — Whether vesting surname choice solely in the father breaches Charter, Maputo Protocol, ICCPR and CEDAW; Jurisdiction of African Court to assess compliance of domestic courts with international human rights law; Admissibility — exhaustion of local remedies and timeliness; Mootness — legislative amendment resolving the complaint; Reparations and costs where claim is moot.
13 November 2024
Default judgment: mandatory death penalty and hanging violate rights to life and dignity; remedial repeal and resentencing ordered.
Human rights — Criminal procedure — Doctrine of recent possession and circumstantial evidence — Fair trial (Article 7) — Mandatory death penalty — Right to life (Article 4) — Execution by hanging — Right to dignity and prohibition of cruel, inhuman or degrading treatment (Article 5) — Reparations and legislative reform.
13 November 2024
Mandatory imposition of death sentence and hanging breach the Charter; Court orders vacatur of mandatory sentence, re-sentencing and law reform.
Human rights — Criminal procedure — Jurisdiction of African Court to examine conformity of domestic criminal proceedings with Charter standards and, where appropriate, order quashing of mandatory death sentences — Mandatory death penalty violates right to life — Hanging as execution method violates human dignity — Evidential review limited to manifest irregularity — Reparations and legislative remediation ordered.
13 November 2024
Application alleging fair-trial violations declared inadmissible for failure to exhaust available cassation remedies; Court upheld its jurisdiction.
African Court jurisdiction; admissibility; exhaustion of local remedies; cassation appeal; fair-trial allegations; lack of counsel/ignorance not an excuse; application inadmissible; costs each party bears own costs.
13 November 2024
Court finds no violation of the applicant’s fair‑trial, equal‑protection or dignity rights; application dismissed.
Human rights — Fair trial — Right to have one’s cause heard (Article 7(1)) — Evaluation of evidence and corroboration; Jurisdiction — Court not an appellate body but may order remedial measures including release; Admissibility — exhaustion of local remedies and timeliness; Burden of proof — allegations of ill‑treatment/torture and equal protection must be substantiated.
13 November 2024
Whether the mandatory death penalty and hanging violate the applicant’s rights to life and dignity, and related admissibility and fair-trial issues.
Criminal law—mandatory death penalty—right to life (Article 4)—method of execution (hanging) and right to dignity (Article 5)—admissibility: exhaustion of local remedies—reasonable time—admission of confession and fair trial (Article 7)—State obligations under Article 1—reparations and measures for non-repetition.
13 November 2024
Court finds no violation of people's self-determination but finds breaches of judicial and legislative independence, ordering institutional remedies.
Constitutional process – Right to self-determination – Constituent Assembly adoption of constitution; Judicial independence – dissolution/replacement of oversight bodies, executive control over judges’ careers; Separation of powers – suspension/dissolution of legislature and assumption of decree-based legislative power; Remedies – orders to operationalise Constitutional Court and reinstate High Judicial Council.
13 November 2024
Court grants respondent 90 days to file implementation report, reserves costs, and adjourns hearing sine die.
Procedure — Compliance hearing — Adjournment under Rule 54(6) and inherent powers under Rule 90 — 90-day deadline for implementation report — Allegations of continuing eviction to be determined at scheduled hearing — Costs reserved.
12 November 2024
October 2024
Court orders provisional suspension of detention where torture allegations and medical evidence show urgent risk of irreparable harm.
Provisional measures – Article 27(2) Protocol – Prima facie jurisdiction – Urgency and extreme gravity – Irreparable harm – Suspension of detention to permit specialised medical treatment – Allegations of torture corroborated by medical certificates.
29 October 2024
Court reopened proceedings and deemed the State’s late Response filed in a death-penalty fair-trial application, allowing a 30-day Reply.
Human rights—Right to fair trial and equality—Allegation of judicial bias in criminal proceedings resulting in death sentence; Civil procedure—Reopening pleadings—Court’s discretion under Rule 46(3) and inherent power (Rule 90); Acceptance of late pleadings (Rule 45(1)); Provisional measures—stay of execution.
28 October 2024
Court dismissed applicants' eviction claims for lack of personal jurisdiction because the State failed to deposit the Article 34(6) Declaration.
Human rights — Jurisdiction — Article 34(6) Declaration — Individual access to African Court — Preliminary examination under Rule 49(1) — Ogiek eviction claims — New application vs. previously decided case.
16 October 2024
September 2024
Application dismissed as inadmissible for failure to exhaust domestic remedies; Court affirms jurisdiction and denies provisional release.
Jurisdiction – sovereignty vs. treaty obligations; Admissibility – exhaustion of local remedies and pending cassation; Pre‑trial detention and procedural safeguards; Provisional measures – criteria and pending domestic remedies; Costs – each party bears its own costs.
3 September 2024
Court finds multiple fair‑trial and torture violations, rules mandatory death penalty and hanging unlawful, orders vacatur, remedy and legislative reform.
Human rights — Fair trial: consular access; interpretation; trial within reasonable time — Torture and ill‑treatment: police brutality; duty to investigate — Death penalty: mandatory sentencing arbitrary; hanging breaches dignity — Death‑row phenomenon and prison conditions — Remedies: moral damages, vacatur, legislative reform, rehearing, reporting.
3 September 2024
Application declared inadmissible for failure to exhaust a pending cassation appeal; Court affirmed jurisdiction but did not reach the merits.
Admissibility — Exhaustion of local remedies — Pending cassation appeal in Burkina Faso — Remedy available, effective and satisfactory — Application inadmissible for non-exhaustion.
3 September 2024