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Citation
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Judgment date
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| December 2021 |
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19 December 2021 |
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16 December 2021 |
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16 December 2021 |
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16 December 2021 |
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16 December 2021 |
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16 December 2021 |
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16 December 2021 |
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16 December 2021 |
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16 December 2021 |
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15 December 2021 |
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15 December 2021 |
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15 December 2021 |
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15 December 2021 |
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15 December 2021 |
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15 December 2021 |
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15 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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8 December 2021 |
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3 December 2021 |
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Application dismissed as inadmissible for failure to exhaust domestic remedies; Court affirms jurisdiction but not appellate role.
Human rights jurisdiction – material, personal, temporal and territorial jurisdiction under Article 3(1) of the Protocol; admissibility – requirement to exhaust effective local remedies; distinction between reviewing conformity of domestic proceedings with the Charter and acting as an appellate or execution court; allegations of lack of judicial independence not established
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2 December 2021 |
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Court awarded limited pecuniary and moral reparations and ordered restitution, legislative reform and publication following arbitrary deprivation of nationality and expulsion.
Human rights reparations — proof and causation for material prejudice; presumption of moral prejudice; restitution (restoration of nationality and return); legislative amendment for judicial remedies; publication and reporting obligations; awards in local currency
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2 December 2021 |
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Application by former mine employees declared inadmissible for failure to exhaust domestic remedies despite Court's jurisdiction.
Admissibility — identification of applicants — list of names suffices; Admissibility — exhaustion of local remedies — failure to pursue available appeals and cassation renders application inadmissible; Jurisdiction — material, personal, temporal and territorial established; Labour/dispute over dismissal and unpaid bonuses
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2 December 2021 |
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Court finds violation of right to be tried within reasonable time due to 20-year pendency of cassation appeal and awards moral damages.
Human rights — ratione temporis and continuing violations — undue prolongation of domestic remedies — right to be tried within reasonable time (Article 7(1)(d)) — exhaustion of local remedies — reparations (moral damages) — publication of judgment
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2 December 2021 |
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A State may withdraw its Article 34(6) declaration; the Court lacks jurisdiction to adjudicate such withdrawal.
Jurisdiction — Article 34(6) declaration — Unilateral and optional nature — Vienna Convention inapplicable — State sovereignty — Withdrawal admissible; Court lacks material jurisdiction to adjudicate such withdrawal
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2 December 2021 |
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Court found violation of right to free legal assistance; awarded TZS 300,000; refused annulment and release.
Human rights — Fair trial — Right to defence and free legal assistance for indigent accused in serious criminal proceedings; Exhaustion of local remedies — legal aid as part of 'bundle of rights'; Admissibility — reasonable time assessed case-by-case
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2 December 2021 |
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African Court finds no violation of equality or fair-trial rights and dismisses the Applicant's reparations claim.
Human rights — Jurisdiction and admissibility — Exhaustion of local remedies and reasonable time; Equality before the law (Article 3) — burden of proof for discriminatory treatment; Right to a fair trial/right to be heard (Article 7) — assessment of bias, evidence and domestic courts' fact‑finding
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2 December 2021 |
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The Court declared an application inadmissible for being filed beyond a reasonable time after exhausting local remedies.
Procedure – African Court on Human and Peoples’ Rights – Jurisdiction – Admissibility – Reasonable time for filing application – Exhaustion of local remedies – Role of the Court in reviewing national proceedings for compliance with the Charter.
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2 December 2021 |
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The Court awarded moral damages to the applicants and certain relatives for fair trial violations but denied claims for material damages and further non-pecuniary remedies.
Human rights – right to fair trial – reparations – compensation for moral prejudice – material damages – indirect victim claims – evidence of loss – non-pecuniary remedies – reporting obligations.
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2 December 2021 |
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Court affirmed jurisdiction, found application admissible, and dismissed claims that conviction violated Charter rights.
Criminal procedure — Jurisdiction of the African Court to review compliance of domestic criminal proceedings with Charter standards — Exhaustion of local remedies; reasonable time for filing; assessment of identification evidence; no substitution for national courts' fact-finding
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2 December 2021 |
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Failure to exhaust internal NGO procedures rendered a human rights application inadmissible before the African Court.
Administrative law – exhaustion of local remedies – internal NGO dispute resolution mechanisms – conflicting statutory language – admissibility – procedural requirements under African human rights treaties and Court Rules – role of internal association procedures before judicial recourse.
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2 December 2021 |
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An almost ten-year delay in deciding an appeal violated the applicant's right to be tried within a reasonable time.
Human rights — Right to be tried within reasonable time — Inordinate delay of domestic appeal — Local remedies unduly prolonged — Jurisdiction despite later withdrawal of Article 34(6) declaration — Reparations (moral prejudice, publication, reporting)
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2 December 2021 |
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The Court found no miscarriage of appeal/review proceedings but held the State violated the right to free legal assistance, awarding TZS 300,000.
Jurisdiction – Court not an appellate body but may assess national proceedings for compliance with human rights instruments; Admissibility – exhaustion of local remedies and reasonable time; Fair trial – right to be heard; Right to defence – obligation to provide free legal assistance where interests of justice demand; Reparations – moral prejudice compensation; Implementation and reporting obligations
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2 December 2021 |
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1 December 2021 |
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1 December 2021 |
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1 December 2021 |
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1 December 2021 |
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1 December 2021 |
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1 December 2021 |
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1 December 2021 |
