All courts - 2021

346 judgments
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346 judgments
Citation
Judgment date
December 2021
19 December 2021
16 December 2021
16 December 2021
16 December 2021
16 December 2021
16 December 2021
16 December 2021
16 December 2021
16 December 2021
15 December 2021
15 December 2021
15 December 2021
15 December 2021
15 December 2021
15 December 2021
15 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
8 December 2021
3 December 2021
Application was declared inadmissible for failure to exhaust local remedies before approaching the African Court.
Human rights – exhaustion of local remedies – material jurisdiction of regional Courts – appellate jurisdiction – proper link between allegations and Charter rights – inadmissibility of applications for failure to exhaust domestic remedies.
2 December 2021
The court granted reparations for arbitrary deprivation of citizenship and expulsion, addressing proof of damage and appropriate remedies.
Human rights – arbitrary deprivation of nationality and expulsion – reparations – proof of damages – pecuniary and non-pecuniary remedies – compensation for direct and indirect victims – guarantees of non-repetition – publication of judgment.
2 December 2021
Application dismissed for non-exhaustion of local remedies despite proper identification of former employees seeking redress.
African Court on Human and Peoples' Rights – admissibility – exhaustion of local remedies – identification of applicants – dismissal of application for failure to exhaust domestic remedies.
2 December 2021
Court holds Côte d'Ivoire violated the right to be tried within a reasonable time, awards moral damages for prolonged cassation appeal delay.
Human rights – right to a fair trial – reasonable time – undue delay by domestic courts – exhaustion of local remedies – admissibility – reparations for moral prejudice – jurisdiction ratione temporis.
2 December 2021
The Court lacks jurisdiction to review a state’s withdrawal of its Article 34(6) Declaration accepting individual applications.
International human rights law — African Charter — African Court on Human and Peoples’ Rights — withdrawal of Article 34(6) Declaration — sovereignty of states — jurisdiction of international courts — optional declarations — admissibility — material jurisdiction — access to regional justice mechanisms.
2 December 2021
Failure to provide an indigent accused with free legal assistance in a serious criminal case violates the African Charter.
Human rights – fair trial – free legal assistance – Article 7(1)(c) African Charter – indigent accused – exhaustion of local remedies – procedural fairness – equal protection of the law – remedies and reparations.
2 December 2021
The Court found no violation of equality or fair trial rights in conviction for false accusation following company-related complaint.
Human rights – equality before law – equal protection of the law – right to fair trial – false accusation – exhaustion of local remedies – admissibility of application – assessment of evidence and judicial impartiality.
2 December 2021
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.
2 December 2021
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.
2 December 2021
The Court dismissed claims of human rights violations arising from a criminal conviction, finding no breach of the African Charter.
Human rights – African Charter on Human and Peoples’ Rights – jurisdiction and admissibility of international complaint – exhaustion of remedies – reasonable time to file – fair trial – discrimination – equality before the law – appellate review of national convictions by regional courts – reparations – Tanzania.
2 December 2021
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.
2 December 2021
Prolonged judicial delay in determining a criminal appeal violates the right to be tried within a reasonable time under the Charter.
Human rights – right to be tried within a reasonable time – unduly prolonged appeal – exhaustion of local remedies – moral damages – non-pecuniary reparations – publication of judgment
2 December 2021
Failure to provide free legal aid in serious criminal proceedings violated fair trial rights, but conviction and sentence remained undisturbed.
Fair trial – Right to legal assistance – Failure to provide free legal aid to indigent accused in serious criminal cases – Exhaustion of domestic remedies – Role of international human rights courts in reviewing domestic trial fairness – Reparations for violation of fair trial rights.
2 December 2021
1 December 2021
1 December 2021
1 December 2021
1 December 2021
1 December 2021
1 December 2021
1 December 2021