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Citation
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Judgment date
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| November 1999 |
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Military trials without counsel or appeal violated rights to liberty, fair hearing, and judicial independence.
Human rights — Freedom of expression and fair trial — Military tribunals and judicial independence — Article 6 (liberty), Article 7 (fair hearing, right to counsel and appeal), Article 26 (independence of courts) — Admissibility where domestic remedies are ousted by decree — State non‑response treated as acceptance of allegations.
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15 November 1999 |
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Special military tribunals and detention conditions violated fair trial rights and protection against inhuman treatment; retrial ordered.
Human rights — Fair trial — Special/military tribunals and ouster clauses — Independence and impartiality of tribunal — Right to counsel of choice — Inhuman and degrading detention conditions.
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15 November 1999 |
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Nigerian government decrees proscribing newspapers and detaining activists found to violate multiple African Charter human rights protections.
Human rights – Freedom of expression – arbitrary proscription of media – ouster of judicial review – arbitrary detention – right to property – right to dignity – admissibility where local remedies are unavailable or ineffective – Nigeria – violation of African Charter Articles 5, 6, 7, 9 and 14.
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15 November 1999 |
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Suspension of habeas corpus and ouster clauses enabling detention without charge violate rights against arbitrary detention, inhuman treatment and judicial independence.
Human rights — Habeas corpus; arbitrary detention; inhuman and degrading treatment; right to defence and family contact; ouster clauses and judicial independence; exhaustion of local remedies.
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15 November 1999 |
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The continued detention of acquitted, pardoned individuals constitutes arbitrary detention and violates the right to liberty under Article 6.
Human rights – arbitrary detention – right to liberty and security – ouster clauses and lack of domestic remedies – state accountability for non-observance of judicial acquittals and pardons – violation of Article 6 of the African Charter.
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15 November 1999 |
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Detention without charge or trial and denial of judicial remedy violate the Charter’s protections against arbitrary detention and unfair trial.
Human rights – arbitrary detention – fair trial rights – judicial remedies – right to prompt charge or release – administrative detention under security law – review panels not constituting competent national organs – unavailability of habeas corpus writ.
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15 November 1999 |
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Commission finds Nigeria violated the applicant’s rights by torture, arbitrary detention, denial of counsel and movement rights.
Human rights – Torture and degrading treatment – Arbitrary arrest and detention – Denial of counsel and fair-trial rights – Freedom of movement, right to leave and return – Admissibility where domestic remedies unavailable under military regime.
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15 November 1999 |
| May 1999 |
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Deportation of political opponents without due process violates rights to non-discrimination, fair hearing, family unity, and expression.
Human rights – deportation – right to a fair hearing – discrimination – right to return to one’s country – family unity – remedies under the African Charter – limitations on state power to expel non-citizens – protection against statelessness – obligation to justify restriction of rights under 'claw-back' clauses.
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5 May 1999 |
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Communication declared inadmissible for failure to exhaust judicial remedies after national human rights commission decision.
Admissibility — Exhaustion of local remedies — Article 56(5) African Charter — National human rights commission not equivalent to judicial remedy — Domestic courts required unless remedies unduly prolonged.
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5 May 1999 |
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A complaint regarding ongoing slavery practices was declared inadmissible for failing to exhaust available domestic remedies.
Admissibility – non-exhaustion of local remedies – Article 56(5) African Charter – allegations of slavery – burden on complainant to demonstrate exhaustion or exception
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5 May 1999 |