|
Citation
|
Judgment date
|
| December 2020 |
|
|
|
22 December 2020 |
|
|
17 December 2020 |
|
|
16 December 2020 |
|
|
16 December 2020 |
|
|
10 December 2020 |
|
|
8 December 2020 |
|
Court found Benin violated rights to political participation, association, strike, access to justice, and judicial independence.
African human rights law – electoral law – constitutional review – freedom of association – right to strike – political participation – non-discrimination – independence of the judiciary – independence and impartiality of electoral bodies – post-election violence – amnesty laws – right of access to justice – national consensus for constitutional revision.
|
4 December 2020 |
|
The Court held Benin’s 2019 constitutional revision lacked national consensus and violated rights to presumption of innocence and equality.
Constitutional law – Revision of Constitution – National consensus – Human rights – Right to be presumed innocent – Public participation – Admissibility of individual complaints on public interest grounds.
|
4 December 2020 |
|
|
3 December 2020 |
|
|
3 December 2020 |
|
|
3 December 2020 |
|
|
3 December 2020 |
|
|
3 December 2020 |
|
|
2 December 2020 |
|
|
2 December 2020 |
|
|
2 December 2020 |
|
|
2 December 2020 |
|
|
2 December 2020 |
|
|
2 December 2020 |
|
|
2 December 2020 |
|
|
2 December 2020 |
| November 2020 |
|
|
|
28 November 2020 |
|
The Court dismissed a request for provisional measures due to the suspensive effect of the applicant's appeal in cassation.
Human rights – Provisional measures – Requirements of urgency and irreparable harm – Suspensive effect of appeal in cassation – Effect of state withdrawal of declaration under Article 34(6) of Protocol – African Charter on Human and Peoples’ Rights.
|
27 November 2020 |
|
African Court held it lacked temporal jurisdiction over historic compulsory land acquisition claims as violations were not continuing.
International human rights – African Charter on Human and Peoples’ Rights – Right to property – Indigenous land rights – Jurisdiction of African Court – Temporal jurisdiction – Continuing versus instantaneous violations – Compulsory land acquisition – Justiciability of acts predating state’s ratification of Charter and Protocol.
|
27 November 2020 |
|
Application inadmissible as the applicants’ representative lacked mandate to represent them before the African Court.
African Court on Human and Peoples’ Rights – formal legal standing – proper mandate required for legal representation – admissibility of application denied due to lack of proper authority of representative – Article 5(3) Protocol – Article 10 Protocol – Rule 31 Rules of Court
|
27 November 2020 |
|
The court found Rwanda violated a detainee’s rights to defence, dignity, physical integrity, and family through mistreatment and procedural lapses.
Human Rights – Right to fair trial – Defence rights – Cruel, inhuman and degrading treatment of a detainee – Right to family – Physical and mental integrity – Admissibility – Exhaustion of local remedies – Reparations – International responsibility for torture and degrading treatment – Standard of proof for systemic judicial bias.
|
27 November 2020 |
|
The court dismissed the applicant's request for provisional measures, finding no imminent risk of harm or urgency justifying such relief.
Human rights – provisional measures – Article 27(2) of the Protocol – requirement of urgency and irreparable harm – prima facie jurisdiction – effect of state withdrawal of declaration on pending applications – criminal allegations against Applicants for seeking judicial remedies.
|
27 November 2020 |
|
The Court dismissed a request for provisional measures due to lack of urgency and risk of irreparable harm.
Provisional measures – African Charter on Human and Peoples’ Rights – Articles 3, 7, 14 – Prima facie jurisdiction – Effect of State’s withdrawal of Article 34(6) Declaration – Urgency and irreparable harm – Dismissal of application for provisional measures for lack of urgency and imminent harm.
|
27 November 2020 |
|
Non-consensual constitutional amendment in Benin and lack of safeguards for judicial independence violate key regional human rights obligations.
Constitutional law – amendment process – requirement of national consensus – judicial independence – right to information – participation in political affairs – economic, social and cultural development – peace and security – African Charter on Human and Peoples’ Rights – African Charter on Democracy, Elections and Good Governance.
|
27 November 2020 |
|
Benin violated citizens’ right to participate freely in government due to COS-LEPI’s lack of independence and impartiality.
Electoral law – Independence and impartiality of electoral bodies – Right to participate in government – Substantial amendment of electoral laws – Violation of Article 13(1) of the Charter – COS-LEPI composition – African Charter on Democracy, Elections and Governance – ECOWAS Protocol on Democracy – Reparations for breach of human rights – Annulment of elections as remedy.
|
27 November 2020 |
|
|
26 November 2020 |
|
|
26 November 2020 |
|
|
25 November 2020 |
|
|
25 November 2020 |
|
|
25 November 2020 |
|
|
25 November 2020 |
|
|
25 November 2020 |
|
|
25 November 2020 |
|
|
25 November 2020 |
|
|
25 November 2020 |
|
The Court dismissed a request to suspend amended electoral laws before elections, finding no sufficient case for provisional measures.
Human rights – provisional measures – right to participate in elections – validity of electoral law amendments in light of imminent elections – urgency and irreparability – scope of provisional measures – non-prejudgment of merits.
|
20 November 2020 |
|
The Court re-opened pleadings in the interest of justice to allow amendment and further submissions in a human rights application.
Civil procedure – human rights – African Court on Human and Peoples' Rights – reopening of pleadings – amendment of application – fair opportunity for parties to present evidence and submissions – procedural justice in circumstances of representation changes and applicant's inaccessibility.
|
20 November 2020 |
|
|
20 November 2020 |
|
The applicant was granted leave to amend pleadings to introduce additional evidence in his human rights application.
Human rights – amendment of pleadings – procedural requirements under Rule 47 – right to amend pleadings prior to close of pleadings – legal aid – right to provide additional evidence and facts.
|
20 November 2020 |
|
|
18 November 2020 |
|
|
11 November 2020 |
|
|
11 November 2020 |
|
|
11 November 2020 |
|
|
11 November 2020 |
|
|
11 November 2020 |
