|
Citation
|
Judgment date
|
| December 2004 |
|
|
|
17 December 2004 |
|
|
10 December 2004 |
|
Guinea was found liable for mass violations against Sierra Leonean refugees, including discrimination, violence, expulsion, and lack of remedies.
Refugee law – Host State obligations – Mass expulsion – Non-discrimination – Violations of dignity, property, and protection from violence – Exhaustion of local remedies – State responsibility for actions of officials inciting and carrying out abuses.
|
7 December 2004 |
|
A claim regarding the Bakweri people's land rights was dismissed as inadmissible for failing to exhaust domestic remedies in Cameroon.
African Charter on Human and Peoples’ Rights – admissibility – exhaustion of domestic remedies – allegations of land dispossession and violation of property rights – locus standi – prior international consideration – subjective fears regarding local remedies insufficient to render them ineffective.
|
7 December 2004 |
|
Communication declared inadmissible for failure to exhaust domestic remedies despite concerns about judicial independence in Kenya.
Human Rights – Admissibility – Exhaustion of local remedies – Reasonable apprehension of bias or ineffective local remedies – Mere apprehension insufficient to absolve exhaustion requirement – Article 56(5) African Charter on Human and Peoples' Rights – Judicial independence – Inadmissibility for non-exhaustion.
|
7 December 2004 |
|
General prohibition of cannabis use, even without religious exemption, held not to violate freedom of religion under the African Charter.
Freedom of religion – limitation justified by general law; Right to work – compliance with general legal restrictions; Cultural and dignity rights – legitimate limitation for societal interests; Margin of appreciation and subsidiarity – domestic discretion recognized, but subject to Commission oversight.
|
7 December 2004 |
|
Failure to notify an appellant of a hearing date, resulting in dismissal, violated fair trial guarantees under the African Charter.
Human rights – fair trial – right to be heard – procedural fairness – dismissal of appeal for non-appearance – matrimonial property – procedural rules versus substantive rights – state obligation to ensure effective remedies.
|
7 December 2004 |
| October 2004 |
|
|
|
29 October 2004 |
|
|
29 October 2004 |
|
|
29 October 2004 |
|
|
29 October 2004 |
| July 2004 |
|
|
|
23 July 2004 |
|
|
9 July 2004 |
|
|
2 July 2004 |
|
|
2 July 2004 |
| June 2004 |
|
|
|
25 June 2004 |
|
|
9 June 2004 |
|
Communication was declared inadmissible due to the non-exhaustion of domestic remedies following the acquittal and release of the detainees.
Human rights – admissibility – exhaustion of local remedies – Article 56(5) of the African Charter – acquittal and release of detainees – communication inadmissible where local remedies remain available.
|
4 June 2004 |
|
The Commission closed the file after the complainant withdrew their case on judicial independence and fair hearing grounds.
African Charter on Human and Peoples’ Rights – judicial independence – fair hearing – admissibility of complaint – withdrawal of communication – exhaustion of local remedies – closure of file
|
4 June 2004 |
|
Complaint of mass human rights violations held inadmissible for failure to show exhaustion of domestic remedies.
African Charter on Human and Peoples’ Rights – admissibility of communication – exhaustion of local remedies – exception to exhaustion requirement – failure to submit admissibility materials – communication declared inadmissible.
|
4 June 2004 |
|
Dissolving an opposition party for political activity was a disproportionate restriction violating freedom of association under the African Charter.
Human rights – freedom of association – dissolution of political party – proportionality of restrictions – fair hearing – freedom of expression – right to political participation – Articles 7, 9(2), 10(1), 13, African Charter.
|
4 June 2004 |
|
Prolonged judicial delays violating the right to a hearing within reasonable time under Article 7(1)(d) of the African Charter.
Human rights – right to fair hearing – undue delay in appeal proceedings – exhaustion of local remedies – right to property – requirements for admissibility of communications before African Commission.
|
4 June 2004 |
|
Dispossession of family inheritance based on alleged slavery violates the right to property under Article 14 of the African Charter.
Human rights – Right to property – Slavery and its consequences – Dispossession of inheritance on alleged grounds of servitude – Violation of Article 14 of the African Charter – State obligation to eradicate remnants of slavery and restore dispossessed property.
|
4 June 2004 |
| March 2004 |
|
|
|
12 March 2004 |
| February 2004 |
|
|
|
20 February 2004 |
|
|
16 February 2004 |
|
|
12 February 2004 |
| January 2004 |
|
|
|
30 January 2004 |
|
|
22 January 2004 |
