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Title
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Date
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Whether the Court should exercise its discretion to reopen pleadings and grant the State an extension to file its Response.
Procedure — Reopening pleadings — Rule 46(3) Rules of Court — Inherent power — Rule 90 — Extension of time for State to file Response — Effect of State’s withdrawal of Article 34(6) Declaration on pending cases.
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 African Regional Bodies
· African Union (AU)
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Judgment |
29 November 2024 |
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African Regional Bodies
|
Judgment |
23 May 2024 |
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. |
African Regional Bodies
· African Union (AU)
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Judgment |
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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African Regional Bodies
· African Union (AU)
|
Judgment |
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. |
African Regional Bodies
· African Union (AU)
|
Judgment |
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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African Regional Bodies
· African Union (AU)
|
Judgment |
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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African Regional Bodies
· African Union (AU)
|
Judgment |
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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African Regional Bodies
· African Union (AU)
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Judgment |
18 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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African Regional Bodies
· African Union (AU)
|
Judgment |
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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African Regional Bodies
· African Union (AU)
|
Judgment |
17 October 2018 |
|
Legal requirement to declare only state-recognised religions on identification documents violates rights to equality and freedom of religion.
Human rights – Freedom of religion – Discrimination – Forum internum and forum externum – Equality – State reservations to treaties – Neutral legal recognition and documentation of marriages of unrecognised religious minorities – Requirement to declare one's religion.
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African Regional Bodies
· African Union (AU)
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Judgment |
28 April 2018 |
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Refusal to enforce bail orders, military trial of civilians, and state interference with courts violated the African Charter on Human and Peoples’ Rights.
Human rights – arbitrary detention – refusal to honor court-ordered bail – trial of civilians by military courts – interference with judicial independence – right to a fair trial – right to legal counsel – assault of lawyers – African Charter on Human and Peoples’ Rights, Articles 6, 7, and 26.
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African Regional Bodies
· African Union (AU)
|
Judgment |
28 April 2018 |
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The Commission dismissed the complaint on res judicata grounds, reaffirming prior orders for Eritrea to end incommunicado journalist detention.
African Charter on Human and Peoples’ Rights – res judicata – admissibility of communications – impartiality and bias – confidentiality – incommunicado detention – state obligations – Commission powers and legal mandate – politicisation of proceedings.
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African Regional Bodies
· African Union (AU)
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Judgment |
27 April 2018 |
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A complaint was struck out for failure to submit admissibility arguments within the required period, precluding consideration of allegations.
African Commission procedure – communications – admissibility – failure of complainant to submit required arguments on admissibility within prescribed period – strike-out for lack of diligent prosecution.
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African Regional Bodies
· African Union (AU)
|
Judgment |
6 March 2018 |
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The African Court on Human and Peoples’ Rights lacks jurisdiction over employment contract disputes governed by OAU Staff Regulations.
Jurisdiction - African Court on Human and Peoples' Rights - application based solely on alleged breach of employment contract under OAU Staff Regulations - competence of Ad hoc Administrative Tribunal of the African Union - absence of human rights violation - lack of jurisdiction.
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African Regional Bodies
· African Union (AU)
|
Judgment |
30 September 2011 |
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The African Court struck out an application for lack of jurisdiction as the respondent state was not a party to the Protocol.
International law – Jurisdiction of the African Court on Human and Peoples' Rights – Requirement of respondent state being party to Protocol – Inadmissibility for want of jurisdiction.
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African Regional Bodies
· African Union (AU)
|
Judgment |
2 September 2011 |
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The Court ordered Libya to immediately refrain from actions risking loss of life or physical harm amid urgent human rights violations.
Human rights – Provisional measures – Right to life and physical integrity – Serious and widespread violations – Urgency – Preventing irreparable harm – African Charter obligations – Prima facie jurisdiction of the Court – Power to order provisional measures suo motu.
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African Regional Bodies
· African Union (AU)
|
Judgment |
25 March 2011 |
Human rights and Fundamental freedoms – Economic, Social and Cultural Rights – access to land and rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development |
African Regional Bodies
· African Union (AU)
|
Judgment |
25 November 2009 |
