African Commission on Human and Peoples Rights - 1997

6 judgments
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6 judgments
Citation
Judgment date
November 1997
The Commission found insufficient evidence that arrest, trial or detention violated the African Charter, concluding no breach occurred.
Human rights — Admissibility and exhaustion of local remedies — Amnesty and pending appeal — Alleged politically-motivated arrest and detention — Fair trial and right to defence (Article 7) — Insufficient evidence
11 November 1997
Communication alleging refugee mistreatment dismissed for failure to exhaust local remedies and specify Charter violations.
Refugee rights; admissibility; exhaustion of local remedies (Art.56(5)); failure to specify Charter violations; no prima facie State responsibility established
11 November 1997
Alleged unlawful search and unfair trial of a transit passenger dismissed; Commission found no violation but sought humanitarian clemency.
Criminal procedure — Transit passengers — Arrest and search in transit zone — Fair trial (language, counsel, openness) — Exhaustion of local remedies — Admissibility vs UN Sub‑Commission non‑action — Commission not substitute trier of fact — No Charter violation found — Humanitarian clemency request
11 November 1997
Whether Angola's mass expulsions violated rights to equality, judicial protection, and protections against mass expulsion.
Human rights — Mass expulsion of non-nationals — Article 12(4)&(5) African Charter; right to judicial protection (Art 7(1)(a)); non‑discrimination (Art 2); rights to property and family (Arts 14, 18); State non‑cooperation and inadmissibility considerations
11 November 1997
April 1997
The applicant's claim was declared inadmissible for insulting language and insufficient factual specificity.
Admissibility — Article 56(3): communications must not use disparaging or insulting language; Admissibility — requirement of factual specificity to permit meaningful action; Admissibility — prima facie evidence requirement; Commission’s discretion under Article 55(2)
24 April 1997
Arbitrary post-sentence detention, undue trial delay and refusal to reinstate a magistrate violated rights to liberty, fair trial, and work.
Human rights – Arbitrary detention beyond sentence – Administrative detention and presumption of innocence – Unreasonable delay in judicial review – Right to work and reinstatement after amnesty – Exhaustion of local remedies
24 April 1997