All courts - 2014

57 judgments
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57 judgments
Citation
Judgment date
December 2014
5 December 2014
October 2014
The Commission found no fair trial violation, but ruled Ghana breached judicial independence by executive interference in Supreme Court proceedings.
Fair trial – retroactive criminalization – presumption of innocence – right to defence – judicial independence – Article 7(1)(b), 7(1)(c), 7(2), and 26 of the African Charter – appointment and constitution of courts – executive interference – role of domestic courts in fair trial guarantees – scope of international remedy for breach.
14 October 2014
July 2014
30 July 2014
A communication was declared inadmissible as the complainant failed to exhaust available and effective local remedies in Lesotho.
African Charter on Human and Peoples’ Rights – admissibility of communication – disparaging or insulting language – exhaustion of local remedies – availability and effectiveness of domestic remedies – statelessness – denial of citizenship – access to justice.
29 July 2014
A detainee’s challenge to indefinite pre-trial detention for a capital offence met admissibility requirements due to unavailable and unduly delayed local remedies.
Human rights – Admissibility of communication – Exhaustion of local remedies – Rights of detainees accused of capital offences – Unreasonable delay in domestic remedies – Article 56 of the African Charter.
29 July 2014
June 2014
24 June 2014
A complaint against Zimbabwe was declared inadmissible for failure to exhaust or attempt local remedies as required by the Charter.
Human rights – African Charter – Admissibility – requirements for exhaustion of local remedies – submission within a reasonable period – unavailability and ineffectiveness of domestic remedies – international complaint inadmissible where no attempt to use local remedies or clear justification for not doing so.
4 June 2014
May 2014
29 May 2014
29 May 2014
28 May 2014
28 May 2014
28 May 2014
28 May 2014
28 May 2014
22 May 2014
21 May 2014
21 May 2014
21 May 2014
21 May 2014
15 May 2014
15 May 2014
The Court struck out an application following the applicant’s request for discontinuance before any response from the respondent.
African Court on Human and Peoples' Rights – Discontinuance of proceedings by applicant – Rule 58 – Effect of withdrawal where respondent has not acted.
10 May 2014
7 May 2014
7 May 2014
7 May 2014
7 May 2014
April 2014
30 April 2014
Suspension of the SADC Tribunal did not breach State Parties’ obligations under the African Charter to provide access to justice and judicial protection.
Human rights – Access to justice – Right to fair trial – Suspension of regional judicial forum (SADC Tribunal) – Obligations of African Charter State Parties limited to national judicial mechanisms – No violation of Articles 7 and 26 for closure of international tribunal.
30 April 2014
16 April 2014
9 April 2014
March 2014
An application alleging violations of liberty and property rights was declared inadmissible for non-exhaustion of local remedies.
Human rights – Admissibility – Exhaustion of local remedies – Criminal procedure – Prolonged detention – African Charter on Human and Peoples’ Rights – Whether local remedies were unavailable or unduly prolonged – Admissibility requirements before African regional courts
28 March 2014
The Court struck out requests for interpretation and review that failed to address the operative judgment and lacked new evidence.
African Court – Procedure – application for interpretation of judgment – must relate to operative provisions of judgment – application for review – requirement of new evidence unknown at time of original judgment – failure to meet substantive requirements – applications struck out.
28 March 2014
Application dismissed as inadmissible for failure to exhaust local remedies in claims for benefits and police brutality.
Human Rights – African Charter on Human and Peoples’ Rights – Jurisdiction of African Court – Universal Declaration of Human Rights – Admissibility – Exhaustion of local remedies – Police brutality – Pension and severance benefits – Identity of applicants.
28 March 2014
26 March 2014
19 March 2014
19 March 2014
19 March 2014
19 March 2014
18 March 2014
18 March 2014
Sudan violated multiple Charter rights of human rights defenders through arrest, torture, forced exile, and closure of their organization.
Human rights – Sudan – torture and ill-treatment by state officials – arrest and arbitrary detention – freedom of expression and association – closure of human rights organization – right to work – right to health – exhaustion of local remedies – immunity of security officials – compensation, investigation, and restitution ordered.
14 March 2014
The Commission declined to seize a complaint for failure to meet Charter admissibility requirements, including language and exhaustion of remedies.
African Charter – admissibility – Article 56 – disparaging language – exhaustion of local remedies – prima facie violation – victim consent – communication not seized.
14 March 2014
February 2014
26 February 2014
26 February 2014
26 February 2014
An NGO cannot bring individual human rights claims before the ECOWAS Court without being a victim or having victims’ authorization.
ECOWAS Court – locus standi – human rights litigation – NGOs – representation of specifically identified victims – requirement for express authorization – jurisdiction of the Court – public interest litigation – dismissal for lack of standing.
13 February 2014
13 February 2014
12 February 2014
6 February 2014
5 February 2014