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Citation
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Judgment date
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| December 2017 |
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8 December 2017 |
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7 December 2017 |
| November 2017 |
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27 November 2017 |
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Restrictions on political speech and procedural irregularities in prosecution violated the Applicant’s rights to defense and freedom of expression.
Human rights – fair trial – procedural guarantees – right to defense – freedom of expression – necessity and proportionality of restrictions – criminal law – non-retroactivity – margin of appreciation – post-genocide Rwanda – international human rights standards.
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24 November 2017 |
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The court ordered a stay on property attachment to prevent irreparable harm pending the outcome of an African Charter rights case.
Human rights – Provisional measures – Prima facie jurisdiction – Irreparable harm – Stay of enforcement of national judgment – African Charter on Human and Peoples’ Rights – Preservation of status quo pending determination of application.
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24 November 2017 |
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13 November 2017 |
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3 November 2017 |
| October 2017 |
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ECOWAS Court adopts consent settlement on remedies for Nigerian Civil War mine victims without an order as to costs.
Human rights – post-conflict remedies – landmine victims – settlement agreement – consent judgment – adoption by regional court.
|
30 October 2017 |
|
A complaint of continuing deprivation of property was found inadmissible due to failure to exhaust domestic remedies in Mozambique.
Admissibility – African Charter on Human and Peoples’ Rights – article 56(5) – local remedies – exhaustion – continuing violation – right to property – right to fair trial – Mozambique – constitutional review – prerogative powers of Attorney General – temporal jurisdiction – procedural requirements for admissibility
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23 October 2017 |
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Arbitrary gender-based arrests and degrading treatment of women violated international human rights obligations, warranting damages against the state.
Human rights – gender-based discrimination – arbitrary arrest and detention – cruel, inhuman, and degrading treatment – failure to investigate and redress violations – women's rights – ECOWAS Court jurisdiction – statute of limitations.
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12 October 2017 |
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ECOWAS Court lacks jurisdiction where no evidence of discriminatory human rights violation from national electoral law amendments is shown.
Human rights – Political participation – Electoral law amendments – Jurisdiction of ECOWAS Court – Requirement for showing specific discrimination or human rights violation – Court not competent to adjudicate purely domestic electoral reforms absent evidence of targeted discrimination or rights infringement.
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10 October 2017 |
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State found liable for cadet’s drowning death during training; right to life violation established despite signed liability waiver.
Human rights – right to life – arbitrary deprivation of life – liability of state for acts and omissions of its agents – military training exercise – adequacy of safety measures – non-derogability of right to life – effect of consent/waiver in human rights litigation – state obligations to investigate, prosecute and provide redress for violations
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10 October 2017 |
|
The court found the respondent liable for arbitrary detention, assault, and unlawful seizure of property by its officials at a border post.
Human rights – assault and inhuman treatment by state officials – arbitrary detention – seizure of travel documents – state responsibility – duty to investigate – compensation for violation of physical integrity and liberty under the African Charter on Human and Peoples’ Rights.
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10 October 2017 |
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A suit alleging environmental and human rights violations in oil-producing areas was dismissed for lack of credible evidence and standing.
Human rights – locus standi – representative action – environmental degradation – allocation of oil licenses – proof of rights violation – African Charter – ECOWAS Court jurisdiction – evidentiary burden in human rights claims
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10 October 2017 |
| September 2017 |
|
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'All appropriate measures' in a human rights judgment includes release or other actions to fully erase the consequences of the violation.
Human rights – interpretation of judgment – remedies – 'all appropriate measures' includes release or any measure erasing consequences of violation – execution of judgment – admissibility criteria for interpretation application.
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28 September 2017 |
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An application to interpret a judgment must specify ambiguous points; requests for implementation guidance are inadmissible.
African Court – Application for interpretation of judgment – Requirements for admissibility – Judicial role limited to interpretation, not implementation guidance – Application declared inadmissible.
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28 September 2017 |
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Application dismissed for failure to exhaust available and sufficient domestic remedies before approaching the African Court.
Human rights – admissibility – exhaustion of local remedies – availability of civil action before investigating judge in Mali – international law requirement.
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28 September 2017 |
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The Court ordered Ghana to suspend the applicant's execution pending determination of alleged human rights violations in a death penalty case.
Human rights – Provisional measures – Right to life – Death penalty – Irreparable harm – Extreme urgency – Preservation of status quo – African Charter on Human and Peoples’ Rights – Court’s jurisdiction to order provisional measures.
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28 September 2017 |
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Failure to provide free legal assistance to an indigent accused in a serious criminal case violated the right to fair trial under the African Charter.
Human rights – right to fair trial – right to legal assistance – exhaustion of domestic remedies – African Charter on Human and Peoples’ Rights – criminal procedure – minimum sentence – jurisdiction and admissibility of African Court – legal aid for indigent accused – reparations.
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28 September 2017 |
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The Court ordered provisional measures to ensure access to counsel, family, and medical care for a detained applicant alleging rights violations.
Human rights – Provisional measures – Right to fair trial – Inhumane and degrading treatment – Access to counsel and medical care – Prima facie jurisdiction – Article 34(6) Protocol withdrawal – African Charter on Human and Peoples’ Rights.
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28 September 2017 |
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The application was dismissed for failing to prove exhaustion of local remedies as required by the Court’s Rules.
Human rights – admissibility – exhaustion of local remedies – application dismissed for failure to provide evidence of exhaustion.
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28 September 2017 |
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A state violated fair trial and liberty rights by flawed identification, arbitrary re-arrest, denial of legal aid, and delayed judgment delivery.
Human rights – fair trial – right to legal aid – evidence – identification procedures – arbitrary detention – right to liberty – domestic remedies – African Charter on Human and Peoples’ Rights – Articles 1, 6, 7
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28 September 2017 |
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Court clarifies that remedying fair trial violations requires release or measures erasing the effects, not retrial or reopening defence.
Human rights – interpretation of judgment – execution of African Court order – remedying violations of fair trial rights – scope of necessary measures – effect of prohibition against retrial or reopening defence.
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28 September 2017 |
| July 2017 |
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27 July 2017 |
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26 July 2017 |
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26 July 2017 |
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26 July 2017 |
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26 July 2017 |
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20 July 2017 |
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The Commission declared the communication inadmissible for failure to exhaust available local remedies as required by the Charter.
Human rights – African Charter on Human and Peoples’ Rights – admissibility – exhaustion of local remedies – communication declared inadmissible due to non-exhaustion of remedies.
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13 July 2017 |
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A generalized communication without specific victims or incidents is inadmissible before the African Commission on Human and Peoples' Rights.
Human rights – admissibility of communications – specificity of victims and incidents – requirements under Article 56 of the African Charter – insufficient details for Commission action.
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13 July 2017 |
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13 July 2017 |
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5 July 2017 |
| June 2017 |
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The Commission referred evidence of massive rights violations in Zaire to the Assembly of Heads of State and Government.
Human rights – serious or massive violations – arbitrary arrests, detention, and torture – article 58(1) of the African Charter – referral to Assembly of Heads of State and Government.
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30 June 2017 |
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State found liable for torture and ill-treatment of a detainee but not for violations of arrest, fair trial, association, or property rights.
Human rights – torture – cruel, inhuman or degrading treatment – constructive exhaustion of domestic remedies – right to liberty and fair trial – right to property – right to association – evidentiary requirements in substantiating torture – state’s investigatory and remedial obligations – Articles 4, 5, 6, 7, 10, and 14 African Charter.
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30 June 2017 |
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22 June 2017 |
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22 June 2017 |
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22 June 2017 |
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21 June 2017 |
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15 June 2017 |
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14 June 2017 |
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14 June 2017 |
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14 June 2017 |
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14 June 2017 |
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14 June 2017 |
| May 2017 |
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31 May 2017 |
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31 May 2017 |
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31 May 2017 |
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31 May 2017 |
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Denial of indigenous status and eviction from ancestral land violated the Ogiek community's rights to property, culture, religion and development.
Human rights – Indigenous peoples – Recognition and protection of indigenous status – Right to property – Collective and ancestral land rights – Cultural rights – Religious rights – Right to development – Non-discrimination – Environmental conservation as justification for restrictions – State obligations under African Charter on Human and Peoples’ Rights.
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26 May 2017 |
