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Citation
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Judgment date
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| November 1999 |
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Detention and trial of journalists by military tribunal without fair trial guarantees violated Articles 6, 7, and 26 of the Charter.
Human rights – right to liberty and security of person – fair trial – right to counsel of choice – right to appeal – independence of the judiciary – military tribunal jurisdiction over civilians – exhaustion of local remedies.
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15 November 1999 |
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Special military tribunals and inhumane detention practices in Nigeria violated fair trial and human rights protections under the African Charter.
Human rights – fair trial – special military tribunals – ouster of jurisdiction – inhuman and degrading treatment – right to legal representation – deprivation of access to courts – independence of judiciary – right to appeal.
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15 November 1999 |
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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.
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15 November 1999 |
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Suspension of habeas corpus and detention without trial for 'state security' violate African Charter rights on liberty, fair trial, and judicial independence.
Human rights – Habeas corpus – arbitrary detention – inhuman and degrading treatment – fair trial – judicial independence – Nigerian State Security Decrees – ouster of court jurisdiction – African Charter on Human and Peoples' Rights, Articles 5, 6, 7, 18, 26.
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15 November 1999 |
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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.
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15 November 1999 |
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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.
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15 November 1999 |
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Nigeria was found in violation of fair trial, liberty, movement, and anti-torture rights under the African Charter.
Human rights – torture and cruel, inhuman or degrading treatment – arbitrary arrest and detention – right to fair trial – right to freedom of movement and residence – constructive exhaustion of domestic remedies under repressive regime.
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15 November 1999 |
| May 1999 |
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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.
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5 May 1999 |
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A communication was declared inadmissible where the complainant failed to exhaust judicial remedies before seeking recourse to the Commission.
African Charter on Human and Peoples’ Rights – admissibility – exhaustion of local remedies – distinction between administrative/human rights commission remedies and judicial remedies – inadmissibility.
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5 May 1999 |
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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).
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5 May 1999 |
