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Citation
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Judgment date
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| December 2018 |
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12 December 2018 |
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12 December 2018 |
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12 December 2018 |
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12 December 2018 |
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12 December 2018 |
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12 December 2018 |
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12 December 2018 |
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11 December 2018 |
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A claim for compensation for land expropriation over ninety years ago was dismissed as statute barred by the ECOWAS Court.
Human rights – right to property – limitation of actions – continuing violation exception – jurisdiction – ECOWAS Court – land expropriation – statute barred actions.
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11 December 2018 |
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ECOWAS Court affirms jurisdiction and finds state-imposed prior restraints on live political broadcasting violate freedom of expression.
Human rights – Freedom of expression – Prior restraint and censorship of live political broadcasts – Jurisdiction of ECOWAS Court – Permissible restrictions under international human rights law – Remedies for violation of free speech.
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11 December 2018 |
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The African Court ordered Benin to stay execution of a criminal judgment against the applicant, citing risk of irreparable harm.
Provisional measures – African Court on Human and Peoples’ Rights – Jurisdiction to order stay of national court judgment – risk of irreparable harm – urgency – fair trial rights – execution of criminal sentence pending appeal.
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7 December 2018 |
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The Court ordered Benin to stay execution of a domestic criminal judgment to prevent irreparable harm pending determination of human rights claims.
Human rights – Provisional measures – Prima facie jurisdiction – Risk of irreparable harm – Requirement of urgency and gravity – Orders for stay of execution of domestic court judgments – African Charter on Human and Peoples’ Rights – Article 27(2) of Protocol – Fair trial rights – Due process.
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7 December 2018 |
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The Court held that unreasonable trial delay and deprivation of food in detention violated the applicant's rights to due process and dignity.
Human rights – right to a fair trial – right to be tried within a reasonable time – inhuman and degrading treatment – police detention – compensation – exhaustion of local remedies – jurisdiction of African Court on Human and Peoples’ Rights.
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7 December 2018 |
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Failure to provide trial records violated the applicant's right to appeal, warranting release; no breach of equality or non-discrimination rights found.
Human rights – right to fair trial – right to appeal – failure to provide trial records – admissibility – exhaustion of local remedies – non-discrimination – equality before the law – reparations – release of applicant from prison.
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7 December 2018 |
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The Court clarified principles for reparations and awarded compensation for material and moral damages flowing from violations of fair trial and freedom of expression rights.
Human rights – fair trial – right to defence – freedom of expression – reparations – material and moral damage – state liability – compensation for violations of African Charter and ICCPR – principles of reparation – necessity of substantiation for pecuniary claims
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7 December 2018 |
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Claims of unfair trial and mistaken identity in criminal conviction dismissed where no Charter violation found by the African Court.
Fair trial – criminal procedure – visual identification evidence – alleged mistaken identity – right to equality before the law – exhaustion of local remedies – African Charter on Human and Peoples’ Rights – application dismissed where no manifest error or discrimination established.
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7 December 2018 |
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The Court reopened proceedings to admit new evidence concerning allegations of continued human rights violations following the applicant's retrial.
Human rights – fair trial – reopening of proceedings – admissibility of new evidence – inherent powers of international court – continuity of facts – special criminal court (CRIET) – administration of justice.
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5 December 2018 |
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3 December 2018 |
| November 2018 |
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28 November 2018 |
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28 November 2018 |
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28 November 2018 |
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28 November 2018 |
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28 November 2018 |
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21 November 2018 |
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21 November 2018 |
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The Commission held Sudan responsible for serious and massive violations of human rights, including arbitrary detention, torture and denial of fair trial.
Human rights – fair trial – independence of judiciary – arbitrary detention – torture and cruel, inhuman or degrading treatment – extra-judicial executions – religious discrimination – freedom of association and expression – failure to ensure effective remedies – violation of African Charter.
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15 November 2018 |
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A complaint was struck out for lack of diligent prosecution after the complainant failed to meet admissibility requirements.
African Charter on Human and Peoples' Rights – Individual communication – Strict compliance with procedural requirements – Failure to submit admissibility arguments – Dismissal for want of diligent prosecution – Inactivity by complainant
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13 November 2018 |
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7 November 2018 |
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2 November 2018 |
| October 2018 |
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31 October 2018 |
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24 October 2018 |
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24 October 2018 |
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24 October 2018 |
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24 October 2018 |
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24 October 2018 |
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A communication was struck out by the African Commission for want of diligent prosecution due to failure to submit admissibility arguments.
African Commission procedure – admissibility – failure to submit arguments on admissibility – want of diligent prosecution – striking out communication – procedural requirements and case management.
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18 October 2018 |
The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
18 October 2018 |
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A complaint alleging human rights violations was struck out for failure to prosecute and non-compliance with procedural requirements.
African Charter on Human and Peoples' Rights – Admissibility – Diligent prosecution – Striking out of communication for failure to prosecute – Rules of procedure – Extension of time for submissions.
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18 October 2018 |
The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
18 October 2018 |
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Complaint alleging mass human rights violations struck out by the Commission for lack of diligent prosecution.
Human rights – African Charter – procedure – admissibility requirements – diligence in prosecution – striking out for want of prosecution – institutional rules of procedure – failure to comply with deadline – academic freedom – right to fair trial – suppression of dissent.
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18 October 2018 |
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Where a complainant fails to submit admissibility arguments or engage with the process, the African Commission will strike out the communication.
African Commission procedure – striking out communication – failure by complainant to submit arguments on admissibility – lack of diligent prosecution – Rule 105(1), Rule 113, Rules of Procedure.
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18 October 2018 |
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A complaint was declared inadmissible for failing to meet language and exhaustion of remedies requirements under the African Charter.
African Charter on Human and Peoples' Rights – Admissibility – Use of disparaging language – Exhaustion of local remedies – Undue prolongation – Inadmissibility due to non-compliance with admissibility requirements under Article 56.
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18 October 2018 |
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The Commission struck out the complaint for lack of diligent prosecution due to non-submission of admissibility arguments.
Human Rights – African Commission procedure – Admissibility – Diligent prosecution – Complaint struck out for failure to submit on admissibility within extended deadlines.
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18 October 2018 |
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17 October 2018 |
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17 October 2018 |
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Selective denial of amnesty violated equal protection and fair trial rights; Uganda ordered to compensate for Charter breaches.
Human rights – Right to equal protection of the law – Grant of amnesty – Selective denial of amnesty – Right to a fair trial – Reasoned judgment – Delay in judicial proceedings – Interpretation and application of amnesty laws post-conflict – African Charter on Human and Peoples’ Rights, Articles 3, 7(1)(a) and (d).
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17 October 2018 |
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A complaint was struck out for failure to submit admissibility arguments and for lack of diligent prosecution.
African Charter communications – failure to comply with procedural requirements – admissibility – failure to diligently prosecute – communication struck out for want of prosecution.
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17 October 2018 |
| September 2018 |
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Failure to provide free legal aid in a serious criminal case violated the applicant's fair trial rights under the African Charter.
Fair trial – right to defence – right to legal aid – international human rights – exhaustion of local remedies – reasonable time – remedies for rights violations – African Charter on Human and Peoples’ Rights Article 7(1)(c) – state obligation to provide counsel in serious criminal cases.
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21 September 2018 |
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Failure to provide legal aid to an indigent accused in a serious criminal case constituted a violation of the right to defence.
Criminal procedure – right to fair trial – legal aid – failure to provide free legal assistance to indigent accused in serious offence as violation of Article 7(1)(c) – legality of imprisonment and sentencing – pre-trial detention and bail – exhaustion of domestic remedies – discrimination and equality before the law – appropriate compensation for violation of right to defence.
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21 September 2018 |
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The respondent state's failure to offer legal aid, hear defence witnesses, and secure a fair trial led to an order of retrial.
Human rights – right to fair trial – criminal procedure – legal aid – right to call and have defence witnesses heard – corroboration and sufficiency of evidence – retrial ordered following violations of fair trial guarantees – equality before the law.
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21 September 2018 |
