All courts - 2000

16 judgments
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16 judgments
Citation
Judgment date
November 2000
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.
6 November 2000
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.
6 November 2000
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.
6 November 2000
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.
6 November 2000
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.
6 November 2000
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.
6 November 2000
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.
6 November 2000
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).
6 November 2000
May 2000
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.
11 May 2000
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.
11 May 2000
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.
11 May 2000
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.
11 May 2000
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.
11 May 2000
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.
11 May 2000
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.
11 May 2000
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.
11 May 2000