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Citation
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Judgment date
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| November 2003 |
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27 November 2003 |
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Misdirection on burden of proof and imposition of the death penalty did not violate the Charter; state urged to adopt a moratorium.
Human rights – right to life – right to fair trial – imposition of death penalty – judicial misdirection and miscarriage of justice – clemency procedure – execution pending international review – African Charter on Human and Peoples' Rights, Articles 1, 4, 5 and 7(1)
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20 November 2003 |
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A communication alleging unlawful detention was deemed inadmissible for failure to exhaust domestic remedies under Article 56(5) of the Charter.
Human rights – African Charter on Human and Peoples’ Rights – Admissibility – Non-exhaustion of domestic remedies – Detention without charge – Due process – Article 56(5)
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20 November 2003 |
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Incommunicado and indefinite detention of opposition figures without charge or trial violated multiple provisions of the African Charter.
Human rights – arbitrary detention – incommunicado detention without charges – denial of access to courts and legal remedies – freedom of expression – right to fair trial – exhaustion of domestic remedies – African Charter on Human and Peoples’ Rights, Articles 2, 6, 7(1), 9(2).
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20 November 2003 |
| May 2003 |
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Communication declared inadmissible for failure to exhaust domestic remedies as required by Article 56(5) of the African Charter.
African Charter – admissibility – non-exhaustion of local remedies – domestic remedies must be pursued before access to the African Commission – Article 56(5) of the Charter – inadmissibility where exhaustion not shown.
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29 May 2003 |
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The African Commission closed the communication following withdrawal after the acquittal of the accused by Egypt's Court of Cassation.
African Charter on Human and Peoples' Rights – fair trial rights – right to liberty – right to effective remedy – withdrawal of complaint – closure of file.
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29 May 2003 |
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Regional economic sanctions endorsed by the OAU and UN do not violate the African Charter when proportionately and lawfully applied.
International law – Human rights – African Charter on Human and Peoples’ Rights – regional embargo – legitimacy of economic sanctions – sovereignty – non-interference – limitations and proportionality of sanctions – right to life, education, development – requirements for lawful regional intervention – endorsement by OAU and UN Security Council.
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29 May 2003 |
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Foreign military occupation and intervention constituted grave violations of the African Charter, including rights to self-determination and development.
Public international law; armed conflict; inter-state communications; African Charter on Human and Peoples' Rights – violations of sovereignty and territorial integrity – mass and grave human rights abuses – right to self-determination – right to property – right to development – obligation of States under international law in occupation and armed intervention.
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29 May 2003 |
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Corporal punishment by flogging for minor public order offences violates the right to dignity and constitutes cruel, inhuman or degrading punishment.
Human rights – African Charter on Human and Peoples’ Rights – Article 5 – prohibition of torture and cruel, inhuman or degrading punishment – judicial corporal punishment – lashes – public order offences – right to dignity – incompatibility of corporal punishment with international human rights standards – effectiveness of domestic remedies
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29 May 2003 |
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A complaint was declared inadmissible for failure to exhaust local remedies or to show attempts to do so.
African Charter on Human and Peoples’ Rights – admissibility of communications – exhaustion of local remedies – circumstances excusing non-exhaustion – burden of proof on complainant – inadmissibility for non-exhaustion.
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29 May 2003 |
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A communication alleging Charter violations was withdrawn by the complainant and the Commission closed the file without decision.
Withdrawal of communication before the African Commission on Human and Peoples' Rights; closure of file; no decision on merits.
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29 May 2003 |
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The African Commission suspended consideration of mass human rights claims pending adjudication by the Ethio-Eritrean Claims Commission.
Human rights – mass expulsion; arbitrary detention; inhumane treatment; deprivation of property – armed conflict between States – admissibility before African Commission – operation of separate Peace Agreement Claims Commission – Article 56(7) of African Charter – suspension of proceedings pending alternative international mechanism.
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29 May 2003 |
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Imprisonment, torture, and unfair trial of civilians by military courts violated African Charter rights and required compensation.
Human rights – Arbitrary detention – Torture and inhuman treatment – Fair trial rights – Trial of civilians before military courts – Denial of access to legal counsel and appeal – Presumption of innocence – Remedies for violations – Articles 5, 6, and 7(1) African Charter.
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29 May 2003 |
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State-imposed restrictions, arrests, and intimidation against a human rights advocate for peaceful activism violated Charter protections.
Human rights – African Charter – freedom of expression, association, assembly, movement – arbitrary arrest and intimidation – exhaustion of domestic remedies – proportionality and justifiability of state restrictions – legal protections under National Security Act.
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29 May 2003 |
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Communication was declared inadmissible due to the complainant's failure to exhaust available local remedies in the respondent state.
African Charter – Communications – Exhaustion of local remedies – Admissibility requirements – Administrative and judicial remedies – Article 56(5) – Inadmissibility for non-exhaustion of local remedies.
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29 May 2003 |
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Detention of mental health patients under The Gambia's outdated laws violated rights to dignity, equality, due process, and health.
Human rights – mental health – discrimination – procedural safeguards – right to dignity – inhuman and degrading treatment – civic participation – right to health – obligations to the disabled – Gambia's Lunatics Detention Act – violation of African Charter articles 2, 3, 5, 7, 13, 16, and 18(4).
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29 May 2003 |
| February 2003 |
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5 February 2003 |
| January 2003 |
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30 January 2003 |
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16 January 2003 |
