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Citation
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Judgment date
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| October 2001 |
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Admissibility deferred pending further evidence on alleged arbitrary arrest, ill‑treatment and exhaustion of local remedies.
Human rights – Arbitrary arrest and detention – Incommunicado detention – Allegations of torture and ill‑treatment – Exhaustion of local remedies – Admissibility of communications to the African Commission.
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27 October 2001 |
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State failed to protect environment, health, housing, food and life; Commission found multiple Charter violations and ordered investigations, compensation and remediation.
Human rights - Environmental rights; right to health; right to life; right to property and housing; protection against forced evictions; right to food; state obligations to respect, protect and fulfill socio-economic and collective rights; accountability for state and state-linked corporate conduct; exhaustion of domestic remedies where courts were ousted.
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27 October 2001 |
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The State's complicity in oil exploitation leading to environmental, health, and housing rights abuses violated the African Charter.
Human rights – environmental law – social and economic rights – government obligations under the African Charter – State responsibility for private actor abuses – right to a satisfactory environment – right to health – right to shelter/housing – right to food – right to participation – forced evictions – oil exploitation.
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27 October 2001 |
| May 2001 |
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Communication alleging child exploitation found inadmissible for failure to exhaust domestic remedies and notify the State.
African Charter – Admissibility – Exhaustion of local remedies – State responsibility for private actors – Alleged child exploitation/trafficking – Evidence of notification to State required.
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7 May 2001 |
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Denial of counsel of choice and of an effective appeal by a military tribunal violated Article 7 fair-trial rights.
Human rights – Military tribunals – Fair trial guarantees under Article 7 – Right to counsel of choice (Art.7(1)(c)) – Right of appeal (Art.7(1)(a)) – Public hearing and independence standards – Death penalty safeguards.
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7 May 2001 |
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A State's constitutional parentage requirement for presidential candidates violates the Charter's non‑discrimination and political participation rights.
Constitutional amendment – presidential eligibility – parentage requirement – discrimination (place/origin) – breach of Articles 2, 3(1) and 13 African Charter – Commission competence to assess compatibility of domestic law with Charter – popular will/limitations not a carte blanche justification.
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7 May 2001 |
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State failed to investigate murders and disappearances, applied amnesty selectively, and unduly delayed judicial remedies.
Human rights violations – enforced disappearances and assassinations – failure to investigate/prosecute – selective amnesty and prolonged judicial delay – violations of equality, life, dignity, fair trial within reasonable time, and freedom to leave one’s country.
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7 May 2001 |