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8 documents
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Date
Dahrooj and Others v Arab Republic of Egypt (Communication 614 of 2016) [2018] ACHPR 126 (18 October 2018)
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)
Judgment
18 October 2018
Elshenna v Arab Republic of Egypt (Communication 592 of 2015) [2018] ACHPR 125 (18 October 2018)
The Commission struck out the communication for lack of diligent prosecution after missed admissibility deadlines.
Procedural law — Admissibility — Diligent prosecution — Striking out communications — Rule 105(1) and Rule 113 — Failure to submit admissibility arguments — Commission jurisprudence
African Regional Bodies · African Union (AU)
Judgment
18 October 2018
Khalifa v Egypt (Communication 656 of 2017) [2018] ACHPR 122 (18 October 2018)
Communication alleging torture and unfair military trial struck out for lack of diligent prosecution.
Admissibility — diligent prosecution — Rule 105(1) and Rule 113 — failure to submit admissibility arguments — strike out for lack of diligent prosecution; allegations of torture and unfair military trial (procedural dismissal)
African Regional Bodies · African Union (AU)
Judgment
18 October 2018
Odeh and Others v Arab Republic of Egypt (Communication 625 of 2016) [2018] ACHPR 121 (18 October 2018)
The applicant's communication alleging post‑coup human rights abuses was struck out for lack of diligent prosecution.
Procedure — Admissibility — Failure to submit admissibility arguments — Rules 105(1) & 113 — Extensions of time — Diligent prosecution — Striking out communications
African Regional Bodies · African Union (AU)
Judgment
18 October 2018
Kwoyelo v Uganda (Communication 431 of 2012) [2018] ACHPR 129 (17 October 2018)
Failure to grant amnesty without lawful justification violated equality and fair-trial rights; Supreme Court unavailability rendered domestic remedies ineffective.
Admissibility—exhaustion of domestic remedies and availability of the Supreme Court; Amnesty law and equal protection (Article 3); Interplay of IHL and African Charter in NIACs; Fair trial—reasoned decisions and undue delay (Article 7); Blanket amnesties incompatible with Charter obligations
African Regional Bodies · African Union (AU)
Judgment
17 October 2018
Samak v Arab Republic of Egypt (Communication 640 of 2016) [2018] ACHPR 131 (17 October 2018)
A communication alleging torture and unlawful detention was struck out for lack of diligent prosecution after failure to submit admissibility materials.
Procedure — Admissibility — Duty to present admissibility arguments under Rule 105(1) — Extension of time under Rule 113 — Failure to respond to Commission correspondence — Lack of diligent prosecution — Communication struck out; allegations included torture, enforced disappearance and poor prison conditions
African Regional Bodies · African Union (AU)
Judgment
17 October 2018
Okiring and Another v Republic of Uganda (Communication 339 of 2007) [2018] ACHPR 133 (28 April 2018)
State violated rights to liberty, fair trial and judicial independence by re‑arresting bailed civilians, trying them before military courts, and obstructing courts.
Human rights — admissibility (exhaustion of domestic remedies; res judicata) — arbitrary detention after court-ordered bail — civilians tried by military courts — interference with judicial independence — denial of access to counsel — remedies and compensation
African Regional Bodies · African Union (AU)
Judgment
28 April 2018
Isaak v Republic of Eritrea (Communication 428 of 2012) [2018] ACHPR 135 (27 April 2018)
Commission dismissed repeat communication as res judicata, rejected bias and confidentiality claims, and reaffirmed earlier remedies.
Human rights; freedom of expression; incommunicado detention; res judicata; impartiality and recusal; confidentiality; politicisation; implementation of Commission decisions
African Regional Bodies · African Union (AU)
Judgment
27 April 2018
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