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Citation
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Judgment date
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| December 2019 |
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The court held the respondent liable for unlawful killing by state agents and awarded compensation to the deceased’s family for rights violations.
Human rights – right to life – state responsibility for unlawful killing by agents – failure to investigate and prosecute – compensation for indirect victims – ECOWAS Court jurisdiction – standing of victims’ family members – effective remedy required.
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19 December 2019 |
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19 December 2019 |
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19 December 2019 |
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18 December 2019 |
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State policy barring pregnant school girls from mainstream education held discriminatory and in violation of international human rights law.
Human rights – right to education – discrimination – pregnant adolescent school girls – exclusion from mainstream education – state liability for official acts – public interest litigation – ECOWAS jurisdiction – remedies for violation of educational rights – equality and non-discrimination under international law.
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12 December 2019 |
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11 December 2019 |
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11 December 2019 |
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11 December 2019 |
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11 December 2019 |
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4 December 2019 |
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The court ordered joinder of two similar applications against the same state for judicial efficiency and proper administration of justice.
Human rights – fair trial – right to legal representation – joinder of cases – consolidation of applications – proper administration of justice – African Court on Human and Peoples’ Rights.
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2 December 2019 |
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Applications based on similar facts and legal claims against the same respondent may be joined for consolidated proceedings.
Civil procedure – Joinder of cases – Similar facts, legal grounds and relief sought – Applications against same respondent state – Proper administration of justice – Rule 54 of the Rules of Court.
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2 December 2019 |
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Court orders state to stay the procedure of canceling an applicant’s passport as an urgent provisional measure pending judgment.
International human rights – Provisional measures – Prima facie jurisdiction – Passport cancellation – Risk of irreparable harm – Mootness of extradition requests – Interim relief in urgent cases under Article 27(2) of the Protocol.
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2 December 2019 |
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The Court consolidated related applications against Côte d'Ivoire for efficient case management and proper administration of justice.
Civil procedure – Joinder of cases – Consolidation of related applications – Proper administration of justice – Rule 54, African Court Rules.
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2 December 2019 |
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Similar applications by different applicants against the same state consolidated to ensure efficient and fair administration of justice.
Human Rights – Joinder of cases – Similar facts and legal issues – Consolidation in the interests of the good administration of justice – Rule 54, African Court on Human and Peoples’ Rights Rules.
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2 December 2019 |
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Application for provisional measures dismissed as the applicant failed to prove urgency or irreparable harm; appeal already stayed judgment.
Human rights – provisional measures – conditions for granting – extreme gravity, urgency, risk of irreparable harm – automatic stay of judgment on appeal – non-fulfillment of requirements for provisional measures.
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2 December 2019 |
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The Court dismissed a request for provisional measures, finding no evidence of urgent, irreparable harm to the applicant.
Provisional measures – Jurisdiction of African Court on Human and Peoples’ Rights – Conditions for grant of provisional measures – Need to demonstrate extreme gravity, urgency, and risk of irreparable harm – Provisional measures not granted for non-parties.
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2 December 2019 |
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Application for provisional measures to suspend Benin's electoral management body and elections dismissed for lack of urgency and irreparable harm.
Human rights – Provisional measures – Prima facie jurisdiction – Electoral management bodies – Conditions for provisional measures – Extreme gravity, urgency, and irreparable harm – Suspension of elections pending decision on merits.
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2 December 2019 |
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Court dismissed a request for provisional measures, finding no urgency or risk of irreparable harm as execution was already stayed.
Provisional measures – Articles 27(2) of the Protocol – conditions for interim relief (extreme gravity, urgency, irreparable harm) – automatic stay of execution pending appeal – sufficiency of evidence for urgency and harm.
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2 December 2019 |
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A request for provisional measures was dismissed for failure to show urgency, gravity, or irreparable harm to the applicant.
Human rights – Provisional measures – Conditions for interim relief – Extreme gravity, urgency, irreparable harm – Requirements not met – Non-party claimants – Application dismissed.
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2 December 2019 |
| November 2019 |
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Individuals have no standing to intervene in ongoing cases before the African Court on Human and Peoples’ Rights.
African Court on Human and Peoples’ Rights – Intervention – Request for intervention by individuals – Jurisdiction – Personal jurisdiction limited to State Parties – Inadmissibility of interventions by individuals under Protocol and Rules.
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28 November 2019 |
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The Court awarded substantial reparations for fair trial violations, unlawful property seizures, and ordered law reforms to comply with international standards.
Human rights – fair trial – right to equality before the law – non bis in idem – right to property – reparations – assessment of damages – enforcement of judgments – right to remedy – amendment of national laws inconsistent with international obligations.
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28 November 2019 |
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Failure to provide free legal assistance and inform accused of right to counsel in a serious criminal trial violates the right to a fair trial.
Human rights – right to fair trial – criminal procedure – right to free legal assistance – right to be informed of right to counsel – legality of sentence – exhaustion of local remedies – reparations.
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28 November 2019 |
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The Court found no violation of the applicant’s fair trial or equality rights and dismissed all claims against the respondent State.
Human rights – fair trial – African Charter on Human and Peoples’ Rights – exhaustion of local remedies – doctrine of recent possession – equality before the law – non-discrimination – powers of African Court vis-à-vis domestic courts – whether manifest errors occurred in domestic prosecution for armed robbery – admissibility criteria under Article 56 of the Charter.
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28 November 2019 |
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Provisional measures to halt implementation of electoral law and IEC appointments were dismissed for lack of urgency and irreparable harm.
Human rights – Provisional measures – Requirements of extreme gravity, urgency, and risk of irreparable harm – Independent Electoral Commission – Effect of fait accompli on provisional relief applications.
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28 November 2019 |
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Revoking passports without due process violates freedom of movement and political participation under the African Charter.
Human Rights – Freedom of movement – Right to political participation – Arbitrary revocation of passports – Burden of proof – Reparation – State obligation – Jurisdiction and admissibility – African Charter on Human and Peoples’ Rights, Articles 6, 12, 13, 15, 18 – Deprivation of nationality – Exhaustion of local remedies.
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28 November 2019 |
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Application dismissed as inadmissible for failure to file within a reasonable time after exhaustion of local remedies.
African Charter on Human and Peoples’ Rights – African Court on Human and Peoples’ Rights – Jurisdiction – Preliminary objections – Material jurisdiction – Exhaustion of local remedies – Reasonable time for filing application – Cumulative admissibility criteria.
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28 November 2019 |
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A state's arbitrary denial of citizenship and prolonged unlawful detention violated the applicant's rights to nationality, liberty, and movement.
Human rights – Nationality – Arbitrary deprivation of nationality – Right to liberty and freedom of movement – Arbitrary detention – Burden of proof regarding nationality – Compensation and reparation for unlawful detention – Article 5, 6, 12, and 1 of the African Charter on Human and Peoples’ Rights – Article 15 of the UDHR.
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28 November 2019 |
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Mandatory death penalty for murder in Tanzania violates the right to life and dignity under the African Charter.
Human rights – right to life – mandatory death penalty – fair trial – due process – cruel, inhuman or degrading punishment – judicial discretion – reparation – jurisdiction – African Charter on Human and Peoples’ Rights – Article 4 – Article 5 – Article 7(1) – Article 1 – mandatory sentencing – execution by hanging.
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28 November 2019 |
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22 November 2019 |
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20 November 2019 |
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6 November 2019 |
| October 2019 |
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ECOWAS Court dismissed a repeat application for human rights violations as inadmissible due to res judicata, with no costs granted.
Human rights – ECOWAS Court jurisdiction – res judicata – inadmissibility of claims previously adjudicated – irreviewability of domestic court decisions – costs – abuse of process.
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30 October 2019 |
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30 October 2019 |
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The Court dismissed an application for review, finding no new evidence and no denial of a hearing in the prior proceedings.
International human rights law – African Court procedure – Application for review – Requirement of new, previously unavailable evidence – Principle of finality of judgments – Right to be heard – Admissibility of third-party intervention.
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24 October 2019 |
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23 October 2019 |
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A soldier's conviction by court martial without mandatory confirmation violated his rights to liberty, fair trial, and work under the Charter.
Human rights – Military law – ECOWAS Court – Court martial – Armed Forces Act– Requirement for confirmation of conviction and sentence – Right to liberty – Pretrial detention – Right to fair trial within reasonable time – Right to work – Compensation – Non-discrimination – Torture and inhuman treatment – Default judgment.
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11 October 2019 |
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The Court reopened proceedings to allow late submissions and ensure both parties could fully address reparations.
Human rights – Right to equality before the law – Equal protection – Fair trial – Procedure – Re-opening of pleadings – Extension of time to file submissions on reparations.
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8 October 2019 |
| September 2019 |
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The Court dismissed the application as inadmissible due to the applicants’ failure to file within a reasonable time after exhausting remedies.
Jurisdiction – Admissibility – Exhaustion of local remedies – Reasonable time – Application to African Court on Human and Peoples’ Rights – Dismissal for inadmissibility owing to excessive delay after exhaustion of local remedies.
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26 September 2019 |
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Court re-opens pleadings and accepts late submission by respondent state in the interests of justice.
Procedure – Extension of time – Re-opening of pleadings – Interests of justice – Failure to respond within time due to state reforms – Response to reparations submissions deemed duly filed
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26 September 2019 |
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The Court consolidated four similar applications alleging denial of fair trial rights into a single proceeding against Côte d’Ivoire.
Human rights law – procedure – joinder of cases – similar facts and legal issues – consolidated proceedings – fair trial – right to legal representation – Côte d’Ivoire.
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26 September 2019 |
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Failure to provide free legal aid in a serious criminal trial violates the right to a fair trial under the African Charter.
Human rights – right to a fair trial – free legal assistance – indigent accused – evaluation of evidence in criminal conviction – discrimination – reparations for violation of fair trial rights.
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26 September 2019 |
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The court re-opened pleadings to allow the respondent state to respond late to submissions on reparations, ensuring procedural fairness.
Civil Procedure – Re-opening of pleadings – Extension of time – Interests of justice – Right to be heard – Procedural fairness
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26 September 2019 |
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Applications with similar facts and reliefs against the same respondent state were joined for efficient administration of justice.
Procedure – Joinder of cases – Similar facts, parties, and reliefs – Efficient administration of justice – Rule 54 of Court Rules.
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26 September 2019 |
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Failure to provide necessary documents for timely appeal resulted in violations of fair trial and liberty rights under the Charter.
Human rights – right of appeal – right to be tried within a reasonable time – right to liberty – procedural delays – failure to provide records for appeal – prolonged incarceration – violation of African Charter rights by failure to guarantee access to appellate review.
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26 September 2019 |
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Claims of discriminatory application of presidential prerogative of mercy and legality of armed robbery sentences dismissed for failure to exhaust local remedies.
African human rights law – access to international remedies – exhaustion of local remedies – legality of prison sentences under domestic law – presidential prerogative of mercy – fair trial – non-discrimination – admissibility criteria under Article 56(5) of the African Charter – interpretation of Minimum Sentences Act.
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26 September 2019 |
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The court ordered the consolidation of three related applications arising from the same criminal case against Tanzania.
African Court on Human and Peoples' Rights – civil procedure – joinder of cases – applications arising from the same facts, same respondent and similar alleged rights violations – Rule 54 of the Rules of Court – consolidation in the interest of justice and judicial economy.
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26 September 2019 |
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The applicant’s request for provisional measures was dismissed as moot after his earlier release to Rwanda.
Provisional measures – mootness – release from detention – jurisdiction of African Court on Human and Peoples’ Rights – irreparable harm – admissibility of requests for interim relief.
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26 September 2019 |
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The ECOWAS Court dismissed an application alleging breach of parliamentary immunity due to failure to specify any human rights violation.
ECOWAS Court – Jurisdiction – Human rights – Parliamentary immunity – Requirement for alleging and proving specific human rights violation – Competence over review of domestic decisions – Admissibility of application.
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26 September 2019 |
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The court ordered the consolidation of two similar cases against the same state to promote judicial efficiency.
Civil procedure – Joinder of cases – Applications against the same State involving similar facts, alleged violations, and relief sought – Rule 54 of the Rules of Court – Good administration of justice.
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13 September 2019 |
