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Citation
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Judgment date
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| December 2009 |
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The Court lacks jurisdiction over individual applications against States that have not filed the special Article 34(6) declaration.
International human rights law – African Court on Human and Peoples’ Rights – personal (ratione personae) jurisdiction – Article 34(6) declaration – state consent – admissibility – individual applications – jurisdictional objections.
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15 December 2009 |
| November 2009 |
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Article 1 of the African Charter imposes an obligation of result; State held responsible for failing to prevent and remedy post‑electoral violence.
Human rights – State responsibility for private violence – Article 1 African Charter as obligation of result – undue delay in domestic remedies – violations of right to life, integrity, property and effective remedy (Arts. 1,2,4,7,14).
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25 November 2009 |
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Human rights and Fundamental freedoms – Economic, Social and Cultural Rights – access to land and rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development
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25 November 2009 |
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Whether the applicant's claim of unpaid compensation and ill-treatment is admissible given unexhausted domestic remedies and undue delay.
Human rights — Alleged non-payment of agreed compensation and ill-treatment in detention; Admissibility — Article 56(1),(2),(3),(4),(5),(6) African Charter; exhaustion of domestic remedies; reasonable time limitation.
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25 November 2009 |
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Whether invoking the UN Refugee Convention’s cessation clause and related procedures amounted to unlawful refoulement and Charter violations.
Refugee law — Cessation clause (1951 Convention) — Non‑refoulement — Exhaustion of domestic remedies — Exceptions where remedies are impractical for vulnerable/mass victims — Burden on State to prove effective domestic remedies — Due process in screening/repayment procedures.
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25 November 2009 |
| July 2009 |
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22 July 2009 |
| June 2009 |
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19 June 2009 |
| May 2009 |
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Commission found multiple human-rights violations against Anglophone regions but rejected secession, urging dialogue and reforms.
Human rights – admissibility and jurisdiction ratione temporis – recognition of a group as a “people” under the African Charter – discrimination on linguistic and legal-system grounds – violations of right to life, freedom from torture, liberty, fair trial, assembly and judicial independence – OHADA and language discrimination – self-determination: secession not recognized absent massive violations and denial of participation – remedies: dialogue, reparations, institutional reform.
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27 May 2009 |
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Whether the State is liable for mass Darfur human rights violations and failed to protect, investigate or provide remedies.
Human rights — Darfur crisis — admissibility under Article 56 (exhaustion of local remedies, media-sourced evidence, settled matters) — State responsibility for acts and omissions (Janjaweed militia) — violations of Articles 1, 4, 5, 6, 7(1), 12, 14, 16, 18(1) and 22 — obligation to investigate, prosecute and provide remedies.
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27 May 2009 |
| April 2009 |
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29 April 2009 |
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Compulsory accreditation and criminalisation of falsehoods violate Article 9; Commission recommends repeal and self-regulation.
Freedom of expression – compulsory accreditation/licensing of journalists – criminalisation of falsehoods – Article 9 African Charter – admissibility (futility of domestic remedies) – self-regulation recommended.
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3 April 2009 |
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Supreme Court’s refusal to hear a constitutional media challenge did not violate access-to-court rights, but state seizure and closure violated expression, property and livelihood rights.
Freedom of expression — media regulation and registration — admissibility and exhaustion where highest court declines to hear constitutional challenge (clean hands doctrine) — State’s closure and seizure of press equipment disproportionate; violations of Articles 9.2, 14, 15 and Article 1.
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3 April 2009 |
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Respondent’s deportation of a legally admitted journalist violated rights to expression, due process, equality and judicial independence.
Freedom of expression; Deportation of legally admitted non-national journalist; Constructive exhaustion of domestic remedies where State frustrates judicial process; Arbitrary expulsion; Violation of equality, right to be heard, presumption of innocence and judicial independence (Articles 1,2,3,7,9,12.4,26).
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3 April 2009 |
| March 2009 |
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11 March 2009 |
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11 March 2009 |
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4 March 2009 |
| February 2009 |
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26 February 2009 |
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11 February 2009 |
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4 February 2009 |
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4 February 2009 |
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4 February 2009 |
| January 2009 |
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21 January 2009 |
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21 January 2009 |
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14 January 2009 |
