All courts - 2000 November

8 judgments
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8 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