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Citation
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Judgment date
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| November 1994 |
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Allegations of prolonged detention and torture declared inadmissible for failure to exhaust domestic remedies.
Human rights — Allegations of prolonged arbitrary detention and torture — Admissibility — Exhaustion of local remedies — Article 56(5) African Charter; Rule 103(1)(f) Rules of Procedure.
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3 November 1994 |
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A communication was declared inadmissible for failure to demonstrate exhaustion of local remedies by the applicant.
Admissibility – exhaustion of local remedies – failure to respond to Commission’s inquiries – communication declared inadmissible.
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3 November 1994 |
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Communication dismissed as inadmissible for failure to exhaust domestic remedies by not appealing to the Court of Appeal.
Human rights – admissibility – non-exhaustion of domestic remedies – applicant failed to appeal to Court of Appeal – denial of leave to appeal by same judge – seizure to satisfy default judgment.
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3 November 1994 |
| April 1994 |
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Communication declared inadmissible because local remedies were not exhausted in terms of Article 56 of the Charter.
Human rights admissibility – exhaustion of local remedies – Article 56 African Charter – communication inadmissible for failure to exhaust domestic remedies.
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27 April 1994 |
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The respondent State violated rights to life, liberty, fair trial and freedom from torture and remains responsible.
Human rights — right to life; prohibition of torture; liberty and security; fair trial and right to counsel; arbitrary detention; State responsibility despite change of government.
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27 April 1994 |
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The Commission found the respondent satisfactorily remedied alleged detention, torture and killing by releasing political prisoners.
Human rights — Allegations of arbitrary detention, torture and extrajudicial killing — Remedy: release of political prisoners — Closure of communication where respondent demonstrates remedial measures and applicants do not respond.
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27 April 1994 |
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Whether alleged torture, extrajudicial killings and political violence were committed previously and adequately addressed by the current administration.
Human rights violations – allegations of torture and coerced confession; extrajudicial killings and political violence; disappearance and mutilation of bodies; State responsibility across successive administrations; Commission fact-finding delegation – assessment of remedial action by current administration.
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27 April 1994 |
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The Commission requested the State to provide information on alleged detention without trial and deferred consideration pending its response.
Human rights — Detention without trial — Procedural requirements under Article 57 of the African Charter and Rules 110 and 115 — State notification and request for additional information — Deferral to next session if no response.
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27 April 1994 |
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Commission closed an alleged wrongful detention communication after the applicant's release, invoking Article 56.
Human rights – Alleged wrongful detention – Communication under the African Charter – Release of detainee – Closure of file under Article 56.
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27 April 1994 |
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The Commission recorded an amicable settlement securing the author's release and closed the communication under its procedural rules.
Human rights — False imprisonment — Amicable settlement effected by Commission member — File closed under Article 97 Rules of Procedure and Article 56(1) African Charter.
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27 April 1994 |
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Commission notifies respondent State of communication, requests two‑month response, and defers substantive consideration to next session.
Human rights communications – Procedural step – Notification of respondent State under Article 57 of the African Charter – Request for response within two months – Substantive consideration deferred to next session (Rules 110, 115, 117).
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27 April 1994 |
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The Commission applied Article 55 and declined to take up an applicant’s persecution and refugee assistance communication.
Human rights — Alleged persecution — Request for interstate refugee assistance — Commission invoked Article 55 and declined to take up the communication.
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27 April 1994 |