All courts - 1997

7 judgments
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7 judgments
Citation
Judgment date
November 1997
The Commission found no Charter rights violated due to insufficient evidence on fair trial and political rights allegations.
Human rights law – African Charter – right to fair trial – right to defense – freedom of expression, association, and participation in government – standard of proof for Charter violations – exhaustion of local remedies – evidential requirements in communications before the African Commission.
11 November 1997
A complaint about refugee rights in Senegal was found inadmissible due to non-exhaustion of local remedies and insufficient detail.
Human rights law – Admissibility of communications – Requirement to exhaust local remedies (Article 56(5) African Charter) – Obligation to specify alleged Charter violations – Lack of prima facie state responsibility.
11 November 1997
The Commission found no Charter violation in the complainant's conviction and closed the communication, urging clemency on humanitarian grounds.
Human rights – fair trial – arrest and trial of transit passenger – exhaustion of local remedies – admissibility before international tribunals – African Charter on Human and Peoples' Rights – clemency recommendation on humanitarian grounds.
11 November 1997
Mass expulsion of non-nationals without due process violates human rights under the African Charter.
Human rights – mass expulsion – non-discrimination – due process – right of aliens to protection under the Charter – opportunity to challenge deportation – state obligations under the African Charter on Human and Peoples' Rights.
11 November 1997
April 1997
A complaint was declared inadmissible due to insulting language and lack of sufficient specificity in the allegations.
African Charter on Human and Peoples' Rights – admissibility of communications – insulting or disparaging language – specificity requirement – inadmissible complaint.
24 April 1997
Refusal to reinstate a magistrate and prolonged deprivation of liberty violated fair trial, work, and anti-arbitrary detention rights.
Human rights – arbitrary detention – fair trial rights – right to work – refusal to reinstate magistrate after amnesty – exhaustion of remedies – interpretation of African Charter on Human and Peoples’ Rights.
24 April 1997
March 1997
26 March 1997