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Citation
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Judgment date
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| November 2000 |
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Refusal to ensure legal representation during a capital trial violates the fair trial rights under the African Charter.
Fair trial rights – criminal procedure – right to legal counsel – equality of arms – state obligations under African Charter – capital punishment.
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6 November 2000 |
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Denial of a right to appeal and subsequent execution by military court violated the right to life and fair trial guarantees.
Human rights – right to life – right to fair trial – denial of right to appeal from military tribunal – execution of soldiers without appeal – violation of Articles 4 and 7(1)(a) of the African Charter.
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6 November 2000 |
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The state's arbitrary detention, raids, and harassment of NGO staff violated multiple rights under the African Charter.
Human rights – arbitrary detention – inhuman and degrading treatment – restriction of freedom of expression, association, movement – search and seizure – ouster of judicial remedies – violation of African Charter rights by state actions against NGO staff.
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6 November 2000 |
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A military tribunal's conviction of a journalist for coup-related reporting violated fair trial rights, liberty, and freedom of expression.
Human rights – right to liberty – arbitrary detention – fair trial – judicial independence – inhuman and degrading treatment – freedom of expression – special tribunals – due process – right to counsel – press freedom.
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6 November 2000 |
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Deprivation of citizenship and repeated deportations violated the applicant’s fundamental rights under the African Charter, including nationality, dignity, movement, family, property, and political participation.
Nationality – right to citizenship – statelessness – expulsion and repeated deportations – cruel, inhuman or degrading treatment – right to family – right to property – right to participate in government – African Charter on Human and Peoples’ Rights – interpretation of constitutional and international law on nationality.
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6 November 2000 |
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Detention without trial and political persecution violated rights to liberty, dignity, expression, association, and movement under the African Charter.
Human rights – detention without trial – inhuman and degrading treatment in detention – political persecution – freedom of movement – freedom of association – constructive exhaustion of domestic remedies – African Charter Articles 5, 6, 9, 10, 12.
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6 November 2000 |
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A complaint was found inadmissible for failure to demonstrate exhaustion of local remedies as required under Article 56(5) of the Charter.
Admissibility – exhaustion of local remedies – failure to provide information on exhaustion – communication held inadmissible under Article 56(5) of the African Charter.
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6 November 2000 |
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A communication alleging union rights violations was declared inadmissible for failure to exhaust local remedies under Article 56(5).
Admissibility of communications – requirement to exhaust domestic remedies – prima facie case of violation – union rights and due process – African Charter on Human and Peoples’ Rights, Article 56(5).
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6 November 2000 |
| May 2000 |
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A complaint about detention without charge was declared inadmissible for failure to exhaust available local remedies.
Human rights – Admissibility of complaint – Requirement to exhaust local remedies – Detention without charge – Burden on complainant to prove unavailability of domestic remedies.
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11 May 2000 |
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The Commission found Nigeria in violation of multiple Charter rights due to arbitrary detention, harassment, and denial of remedies for political activity.
Human rights – Nigerian military regime – arbitrary detention – ouster clauses and lack of effective remedies – violations of rights to equality, liberty, security, free association, and protection from inhuman treatment under the African Charter – burden of proof when State is unresponsive to Communications.
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11 May 2000 |
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A communication alleging human rights abuses was closed after an amicable settlement between the parties was confirmed.
African Charter on Human and Peoples' Rights – Alleged violations including extrajudicial executions, torture, and arbitrary detention – Amicable settlement – Closure of file by Commission following withdrawal of complaint.
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11 May 2000 |
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The Commission found a complaint inadmissible due to the complainant's failure to exhaust local remedies before applying to the African Commission.
African Charter on Human and Peoples' Rights – admissibility of communications – requirement to exhaust domestic remedies – failure to contest expulsion order locally – inadmissibility of communication.
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11 May 2000 |
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Failure to exhaust domestic remedies renders the communication inadmissible before the African Commission on Human and Peoples’ Rights.
Admissibility of communications – exhaustion of local remedies – Article 56(5) of the African Charter – insufficient evidence provided – inadmissible communication.
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11 May 2000 |
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The Commission found multiple violations of Charter rights in The Gambia after the 1994 military coup, including arbitrary detention and suppression of freedoms.
Human rights – military coup – derogation and suspension of constitutional rights – arbitrary arrest and detention – ousting of judicial jurisdiction – banning of political parties – restriction on movement, expression, association, assembly, and participation in government – denial of self-determination – African Charter on Human and Peoples’ Rights – state obligations and remedies.
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11 May 2000 |
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A communication was declared inadmissible for failure to exhaust domestic remedies before approaching the African Commission.
African Charter on Human and Peoples’ Rights – admissibility – exhaustion of local remedies – requirements for communication to be heard by the Commission – deportation – right to seek domestic remedies even if not physically present.
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11 May 2000 |
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The Commission found Mauritania responsible for grave and systemic human rights violations, including torture, discrimination, and slavery.
Human rights – Grave and massive violations – arbitrary detention – torture – extra-judicial executions – racial discrimination – slavery and forced labor – property and identity deprivation – right to fair trial – independence of judiciary – state responsibility under African Charter – non-derogable obligations – amnesty laws and non-justiciability – reparations and remedies.
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11 May 2000 |