African Commission on Human and Peoples Rights - 2001

7 judgments
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7 judgments
Citation
Judgment date
October 2001
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.
27 October 2001
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.
27 October 2001
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.
27 October 2001
May 2001
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.
7 May 2001
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.
7 May 2001
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.
7 May 2001
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.
7 May 2001