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Citation
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Judgment date
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| December 2015 |
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9 December 2015 |
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9 December 2015 |
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3 December 2015 |
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2 December 2015 |
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2 December 2015 |
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2 December 2015 |
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Court dismisses application for revision for lack of new, decisive facts and reiterates that only States can be sued for human rights violations.
ECOWAS Court—Revision of judgment under Article 25 of Protocol—Application for review—Requirement for new, decisive facts unknown at original judgment—No appeals from ECOWAS Court—Human rights jurisdiction limited to claims against States—Misjoinder of non-State respondents—Costs order.
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2 December 2015 |
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1 December 2015 |
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Claim of judicial impartiality violation rejected for lack of proof; requests for compensation and intervention dismissed, with costs levied against applicants.
Human rights – right to a fair trial – right to an impartial tribunal – judicial procedure – recusal of judges – application of international and national standards of impartiality – admissibility and merits of recusal-related claims – costs.
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1 December 2015 |
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1 December 2015 |
| November 2015 |
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ECOWAS Court affirms jurisdiction in human rights cases but refuses to act as court of appeal over domestic decisions absent proven rights violations.
ECOWAS Court – Human rights jurisdiction – exhaustion of local remedies – competence over cases where domestic appeals are pending or decided – standing of proper defendants – review of domestic court decisions – fair trial, right to life and liberty – due process – costs.
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30 November 2015 |
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25 November 2015 |
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The Court lacks jurisdiction over applications by individuals against the Commission and cannot compel it to refer cases to the Court.
African Court on Human and Peoples’ Rights – jurisdiction – applications by individuals – whether applications can be brought against African Commission on Human and Peoples’ Rights – complementarity between African Court and African Commission – power of Court to compel Commission to refer communications.
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20 November 2015 |
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A state violated the applicant's fair trial rights by trying him in absentia, denying legal aid, and delaying appeals.
Human rights – fair trial – denial of right to be heard and defend oneself – failure to provide legal aid – procedural delays in criminal appeals – admissibility – exhaustion of local remedies – African Charter on Human and Peoples’ Rights, Article 7, Article 1; ICCPR, Article 14(3)(d).
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20 November 2015 |
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19 November 2015 |
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19 November 2015 |
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19 November 2015 |
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18 November 2015 |
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11 November 2015 |
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11 November 2015 |
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5 November 2015 |
| October 2015 |
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29 October 2015 |
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Individuals or political parties lack standing to bring ECOWAS breach claims; only member states or the ECOWAS Commission can do so.
Regional law – ECOWAS Protocol on Democracy and Good Governance – Locus standi – Only member states or ECOWAS Commission can bring breach actions – Refusal of standing to individuals or political parties – Application declared inadmissible for want of standing.
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23 October 2015 |
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The applicant's detention was found to be arbitrary following exoneration, entitling him to compensation for the violation of human rights.
Human rights – arbitrary detention – effect of subsequent exoneration – judicial independence – political interventions – compensation for unlawful detention – jurisdiction of ECOWAS Court to review state conduct for compatibility with human rights instruments.
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23 October 2015 |
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The court held that state-imposed amnesty cannot preclude victims' right to justice and compensation for political assassination.
Human rights – right to access to justice – effect of amnesty laws – right to life – state obligation in protection against political assassinations – reparations for violations of international human rights – ECOWAS Court jurisdiction – limits to review of national jurisprudence.
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23 October 2015 |
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22 October 2015 |
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21 October 2015 |
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14 October 2015 |
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ECOWAS Community Court of Justice lacks jurisdiction over election-related human rights claims primarily against individuals or non-State parties.
ECOWAS Court – jurisdiction – human rights – preliminary objection – admissibility – whether suit against individuals and non-State entities lies under human rights mandate – locus standi – mootness – electoral disputes – political party as claimant – identical factual circumstances post-election outcome.
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14 October 2015 |
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Applicants' claims of arbitrary detention and torture dismissed for insufficient evidence before ECOWAS Court.
Human rights – Arbitrary arrest and detention – Torture and inhuman or degrading treatment – Burden of proof – Insufficient evidence – ECOWAS Court jurisdiction – Reparation claims dismissed for lack of proof.
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7 October 2015 |
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The Court found Togo liable for arbitrarily arresting and detaining the applicants and harming their reputation, awarding monetary compensation.
Human rights – Arbitrary arrest and detention – Right to liberty and security – Damage to honor and reputation – Torture and inhuman treatment – Standard of proof for human rights violations – Compensation for unlawful detention – Responsibility of State for judicial dysfunction.
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6 October 2015 |
| August 2015 |
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Court orders Libya to urgently protect detainee’s rights, granting access to lawyer and family, and halting actions risking harm.
Human rights – Provisional measures – Detention without access to counsel or family – Risk of irreparable harm – Right to fair trial – African Charter on Human and Peoples’ Rights – Interim protection pending determination of merits.
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10 August 2015 |
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A constitutional review before Ethiopia’s House of Federation was a necessary remedy prior to filing before the African Commission.
Exhaustion of local remedies—Admissibility of complaints—Constitutional review as an effective local remedy—Role of non-judicial constitutional organs—Rights of civil society organizations—Ethiopian Charities and Societies Proclamation.
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8 August 2015 |
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A complaint about mass death sentences in Egypt was dismissed for failure to exhaust domestic remedies as required by the Charter.
Criminal procedure – Mass trials – Collective death sentences – Right to fair trial and due process – Admissibility – Domestic remedies – Provisional measures – African Charter on Human and Peoples' Rights, Article 56(5) – Requirement to exhaust domestic remedies – Criteria for admissibility of communications.
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8 August 2015 |
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Prolonged arbitrary detention, denial of fair trial, and abuse of procedure found to violate the African Charter's rights to liberty and fair trial.
Human rights – right to liberty and security of person – arbitrary and prolonged pre-trial detention – right to a fair trial – presumption of innocence – right to defence – right to be tried within reasonable time by impartial tribunal – abuse of criminal procedural powers – effective remedies under the African Charter.
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8 August 2015 |
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The Commission struck off a complaint following a formal request for withdrawal by the complainant.
Procedure – withdrawal of complaint – striking communication from the Commission’s list – no determination on merits or admissibility.
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7 August 2015 |
| July 2015 |
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30 July 2015 |
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30 July 2015 |
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30 July 2015 |
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29 July 2015 |
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29 July 2015 |
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28 July 2015 |
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22 July 2015 |
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22 July 2015 |
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21 July 2015 |
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16 July 2015 |
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15 July 2015 |
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The Court found that electoral law amendments excluding former regime supporters from candidacy violated internationally protected political participation rights.
International human rights – electoral law – right to participate in elections – non-discrimination – exclusion from candidacy based on political association – ECOWAS Court jurisdiction – urgent measures prior to imminent violation – interpretation of international obligations vs. domestic law.
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13 July 2015 |
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9 July 2015 |
| June 2015 |
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Where a valid settlement on voluntary retirement has been fulfilled, subsequent claims for alleged violations are inadmissible.
Human rights – voluntary retirement of public servants – ECOWAS Court jurisdiction – legal standing – effect of prior settlement – fulfillment of state obligations – costs
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30 June 2015 |
