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Citation
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Judgment date
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| October 1995 |
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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.
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31 October 1995 |
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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.
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11 October 1995 |
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Communication declared inadmissible due to non-exhaustion of local remedies, pending resolution of the case before Kenyan courts.
Human rights – admissibility of communications – exhaustion of local remedies – registration of trade union – harassment of union leaders – Article 56(5) African Charter.
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11 October 1995 |
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A communication was declared inadmissible for failure to provide the complainants’ address as required by article 56 of the Charter.
Human rights – communication admissibility – article 56 of the African Charter – requirement for complainant identification and contact information – inadmissibility for non-fulfilment of procedural requirements.
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7 October 1995 |
| March 1995 |
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A complaint of political detention was closed after the complainant failed to pursue the case following the detainee's release.
African Charter – Detention without charge – Lack of prosecution of complaint – Dismissal of communication where complainant ceases to pursue case.
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22 March 1995 |
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The complainant's petition was dismissed as he failed to exhaust local remedies before approaching the African Commission.
Human rights – exhaustion of local remedies – individual complaint against a foreign state for non-payment of judgment debt – admissibility – diplomatic immunity and enforcement of judgments.
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22 March 1995 |
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A complaint concerning alleged political detention was closed due to the complainant's failure to pursue the case.
Human rights – Politically motivated detention – Loss of contact with complainant – Closure of case for lack of pursuit.
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22 March 1995 |
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Communication closed after amicable settlement between the applicant and the Nigerian government under Article 50 of the Charter.
African Charter on Human and Peoples' Rights – amicable settlement – closure of communication – wrongful detention – Commission's role under Article 50 where dispute is resolved amicably.
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22 March 1995 |
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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.
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22 March 1995 |
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Nigeria's special tribunal procedure for death penalty cases violated fair trial rights to appeal, counsel, and impartial adjudication.
Human rights – fair trial – criminal procedure – right to appeal – right to defence by counsel – impartial tribunal – special tribunals – death penalty – Article 7 of African Charter – judicial remedies – exhaustion of local remedies.
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22 March 1995 |
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22 March 1995 |
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The Commission declared a complaint inadmissible where violations predated Charter ratification and allegations were incoherent and vague.
African Charter on Human and Peoples’ Rights – Admissibility of communications – temporal jurisdiction – non-continuing violations prior to ratification – incoherent and vague allegations – inadmissibility
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22 March 1995 |
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Complaint of unlawful detention declared moot after the victim's release; case closed as satisfactorily resolved.
Human rights – unlawful detention – release of victim after communication submitted – closure of case where satisfactory resolution reached.
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22 March 1995 |
