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Title
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Date
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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.
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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)
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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.
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African Regional Bodies
· African Union (AU)
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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)
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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)
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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)
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Judgment |
17 October 2018 |
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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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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 |