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Citation
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Judgment date
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| November 2013 |
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7 November 2013 |
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7 November 2013 |
| October 2013 |
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The Commission struck out a communication on indigenous land rights in Cameroon due to lack of prosecution by the complainants.
African Charter – Indigenous rights – land rights – effectiveness of remedies – procedural requirements before the African Commission – lack of diligent prosecution – communication struck out
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18 October 2013 |
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Complaint struck out by the African Commission due to the applicant's failure to pursue the case after admissibility.
African Commission on Human and Peoples’ Rights – Communication procedure – Lack of prosecution – Failure by complainant to submit arguments on the merits after admissibility – Communication struck out for want of diligent prosecution.
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18 October 2013 |
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State failure to prevent, investigate, and remedy gender-based violence during protests violates multiple African Charter rights.
Human rights – discrimination – gender-based violence – state responsibility – due diligence – freedom of expression – right to health – cruel, inhuman and degrading treatment – ineffective investigation and remedies – positive obligations under the African Charter – compensation and law reform.
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12 October 2013 |
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Prolonged detention and delays in trial procedures violated the rights to fair trial and presumption of innocence under the African Charter.
Human rights – fair trial – right to be presumed innocent – right to trial within a reasonable time – prolonged pre-trial detention – collective prosecution – state obligation to harmonize domestic law to human rights treaties – admissibility of communication under Article 56 of the African Charter.
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12 October 2013 |
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A mandatory death sentence did not violate the Charter, but failure to notify family before execution was inhuman treatment.
Human rights – Death penalty – African Charter on Human and Peoples’ Rights – right to dignity and protection from cruel, inhuman or degrading punishment – mandatory death sentence – fair trial – due process – locus standi for communications to African Commission – notification of execution – method of execution.
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12 October 2013 |
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The Court refused provisional release for detention over libel but ordered Burkina Faso to provide adequate medical care during detention.
Human rights – Provisional measures – Freedom of expression – Detention for libel – Adequate medical care during detention – African Charter on Human and Peoples' Rights – Jurisdiction of African Court on Human and Peoples’ Rights – Application for interim release pending main application.
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4 October 2013 |
| September 2013 |
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A court may amend a case title to substitute proper applicants when erroneously included parties disclaim involvement.
Civil Procedure – Amendment of parties – Identity of applicant – Rule 40 of the Rules of Court – Proper naming of applicants – Withdrawal or disavowal by named parties – Effect on application title and proceedings
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27 September 2013 |
| August 2013 |
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29 August 2013 |
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29 August 2013 |
| July 2013 |
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A delayed complaint challenging Swaziland's ban on political parties was found inadmissible for failing the Charter’s timeliness requirement.
African Charter on Human and Peoples’ Rights – admissibility of communication – requirement of timely submission after exhaustion of local remedies – unreasonable delay – inadmissibility of complaint – exclusion from political participation and constitutional reform process.
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24 July 2013 |
| June 2013 |
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The Court found it had jurisdiction over alleged ongoing failures by the State to investigate and prosecute rights violations, but not over the original 1998 killings.
International Human Rights – African Charter on Human and Peoples’ Rights – ratione temporis jurisdiction – continuous versus instantaneous violations – exhaustion of local remedies – reasonable time for filing – admissibility – scope of jurisdiction regarding failures to investigate human rights violations.
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21 June 2013 |
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Application dismissed as inadmissible for failure to exhaust local judicial remedies after wrongful dismissal claim.
African Charter on Human and Peoples’ Rights – Admissibility of individual applications – requirement to exhaust local remedies – jurisdiction ratione temporis – right to fair hearing – right to work – employment termination and judicial recourse – continuous versus instantaneous violations – proscription against forum shopping – effect of prior proceedings before the African Commission.
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21 June 2013 |
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Prohibiting independent electoral candidates and requiring party affiliation violates rights to political participation, association, and equality.
Human rights – Political participation – Elections – Prohibition of independent candidates – Right to participate freely in government (Article 13(1), African Charter) – Freedom of association – Requirement to belong to or be sponsored by political party – Non-discrimination and equality before the law – Exhaustion of local remedies – Temporal jurisdiction – Legislative and constitutional reform required to remedy violations.
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14 June 2013 |
| April 2013 |
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Differential pension pay-outs to Venda civil servants did not amount to discrimination or a Charter rights violation.
African Charter on Human and Peoples’ Rights – admissibility ratione temporis – continuing violations – discrimination – equality before the law – public service rights – interpretation of differential treatment in pension schemes – objective justification for different financial outcomes – exhaustion of local remedies.
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23 April 2013 |
| March 2013 |
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28 March 2013 |
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The court struck out the application for failure to prosecute the claim and comply with procedural deadlines.
Civil procedure – striking out application – failure to pursue application – failure to comply with procedural timelines – request for indefinite extension – inherent powers of the court
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15 March 2013 |
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The Court ordered Libya to implement urgent provisional measures to protect a detainee's rights under the African Charter.
Human rights – Provisional measures – Detention without access to legal counsel or family – Risk of irreparable harm – Articles 6 and 7 African Charter – Prima facie jurisdiction – Urgent protection of due process and physical integrity.
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15 March 2013 |
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The Court ordered Kenya to suspend land transactions in the Mau Forest to prevent irreparable harm to the Ogiek community.
Human rights – indigenous peoples – provisional measures – preservation of status quo – risk of irreparable harm – land rights – cultural rights – prima facie jurisdiction – right to property – right to development.
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15 March 2013 |
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The Court lacks jurisdiction to hear individual applications against the African Union as it is not a State Party to the Protocol.
International Human Rights Law – African Court on Human and Peoples’ Rights – jurisdiction – whether the Court may hear applications brought by individuals against the African Union – limitation of individual access under Article 34(6) of the Protocol – challenge to the consistency of Article 34(6) with the Constitutive Act and the African Charter.
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15 March 2013 |
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The Court dismissed the purported appeal for lack of jurisdiction, confirming the finality and inadmissibility of appeals under Article 28.
African Court on Human and Peoples' Rights – Jurisdiction – Finality of Court decisions – Inadmissibility of appeal – No new evidence for review – Article 28 of the Protocol
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15 March 2013 |
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The African Court lacks jurisdiction to hear appeals from decisions of domestic courts, striking out the application for want of jurisdiction.
Jurisdiction – African Court on Human and Peoples’ Rights – No appellate jurisdiction over decisions of domestic courts – Article 3(1) of the Protocol – Application struck out for want of jurisdiction.
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15 March 2013 |
| February 2013 |
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Communication dismissed as inadmissible for unreasonable delay after exhaustion of domestic remedies despite finding local remedies ineffective.
Human rights – Admissibility of communication – Exhaustion of domestic remedies – Availability and effectiveness of remedies – Reasonable time for submission – State obligations to investigate torture – Article 56 of the African Charter on Human and Peoples’ Rights.
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25 February 2013 |
| January 2013 |
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31 January 2013 |
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30 January 2013 |
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30 January 2013 |
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24 January 2013 |
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23 January 2013 |
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23 January 2013 |
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23 January 2013 |
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22 January 2013 |
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22 January 2013 |
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16 January 2013 |
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A discontinued application may be struck from the roll without respondent consent if no steps have been taken by the respondent.
Practice and procedure – Discontinuance of proceedings – Application to strike out matter following applicant's notice of withdrawal – Requirement of respondent's consent where no steps taken to proceed – Rule 58, Rules of Court, African Court on Human and Peoples' Rights.
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1 January 2013 |
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1 January 2013 |
