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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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Cameroon was held responsible under the African Charter for failing to prevent and redress post-electoral violence and must compensate victims.
African Charter on Human and Peoples' Rights – State obligations – obligation of result vs diligence – post-electoral violence – duty to prevent and protect – right to effective remedy – compensation for human rights violations – failure to prevent foreseeable violence – State responsibility for private acts under the Charter – unreasonable delay of remedies.
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25 November 2009 |
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 |
25 November 2009 |
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A complaint was declared inadmissible for failure to exhaust local remedies and to file within a reasonable time.
African Charter – Admissibility – local remedies – exhaustion – timely submission – whether complainant has exhausted local remedies and submitted within a reasonable period – requirements of Article 56 of the Charter – communication inadmissible for failure to fulfil Article 56(5) and (6).
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25 November 2009 |
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The Commission found no proof that Sudan violated Ethiopian refugees' rights when applying the cessation clause or repatriating refugees.
Refugee law – Cessation clause – Non-refoulement – Right to seek and obtain asylum – Standard of proof for human rights violations – African Charter articles 3, 4, 5, 6, 7, 12(3)-(5) – Burden of proof on forced or coerced repatriation
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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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Cameroon was found to have violated the Charter by discriminating against Anglophones, but secession was not recognized as a remedy.
Human rights – Non-discrimination – Collective rights – Self-determination – Language and fair trial rights – Economic marginalisation – Judicial independence – African Charter on Human and Peoples’ Rights – Right to secession – Threshold of massive rights violations for self-determination remedy.
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27 May 2009 |
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Sudan was found responsible for massive human rights violations in Darfur, including killings, torture, displacement, and property destruction.
Human rights – State responsibility for gross and systematic violations – Forced displacement, summary executions, torture, rape, destruction of property, failure to protect population – Non-derogable rights under African Charter during armed conflict – Exhaustion of local remedies – Responsibility for acts by State-supported non-state actors – Effective investigations and remedies – Right to development and family life – Mass human rights violations in Darfur region – Sudan found in violation of African Charter Articles 1, 4, 5, 6, 7(1), 12(1),(2), 14, 16, 18(1), and 22.
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27 May 2009 |
| April 2009 |
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29 April 2009 |
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Compulsory accreditation and criminalization of journalism under Zimbabwean law violates the right to freedom of expression under Article 9.
Freedom of expression – journalism – compulsory accreditation – criminal sanctions against unregistered journalism – legality and proportionality of restrictions under Article 9 African Charter – domestic law versus international standards – necessity of self-regulation in the journalistic profession.
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3 April 2009 |
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The forced closure of a newspaper and seizure of assets for non-compliance with a contested registration law violated rights to expression, property, and work.
Freedom of expression – mass media – closure of newspaper operation and seizure of assets – proportionality – clean hands doctrine and right of access to court – constitutional challenge – exhaustion of local remedies – violations of Articles 9(2), 14, 15, and 1 of the African Charter.
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3 April 2009 |
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State's arbitrary deportation of a legally resident journalist, in contempt of court orders, violated fair trial, expression, and due process rights.
Human rights – discrimination – equality before the law – judicial independence – freedom of expression – expulsion of legally resident non-citizen – due process – contempt of court – right to fair hearing – enforcement of court orders under the African Charter.
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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 |
