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Citation
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Judgment date
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| November 2003 |
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A trial misdirection about onus did not, given overwhelming appellate review, amount to a Charter violation; no breach of Articles 1,4,5,7(1).
Human rights — Fair trial (presumption of innocence) — Misleading judicial direction on burden of proof — Whether misdirection vitiates conviction; Capital punishment — proportionality and extenuating circumstances — Clemency and notice of execution; State obligations to Commission and trend towards moratorium.
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20 November 2003 |
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The Commission declared the complaint inadmissible for failure to exhaust local remedies regarding the detention of journalists in Liberia.
African Charter on Human and Peoples’ Rights – admissibility of communication – exhaustion of local remedies – non-compliance with procedural requirements – journalists – arbitrary detention – fair trial guarantees.
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20 November 2003 |
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State detained political critics incommunicado, breaching rights to liberty, fair trial and freedom of expression.
Human rights law – Arbitrary and incommunicado detention – Exhaustion of domestic remedies exception where remedies are unavailable or unduly prolonged – Right to liberty, prompt judicial review and fair trial – Freedom of expression and political dissent – State obligation to disclose detention and produce detainees before competent courts.
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20 November 2003 |
| May 2003 |
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A complaint alleging military mistreatment was declared inadmissible for failure to exhaust local remedies as required by the Charter.
Human rights – admissibility – exhaustion of local remedies – complaint against military authorities – African Charter Article 56(5) – inadmissibility where complainant fails to exhaust domestic remedies or substantiate attempts to do so.
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29 May 2003 |
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The Commission closed the communication after the applicant withdrew following a domestic acquittal, without deciding the merits.
Human rights – Fair trial – Allegations of arbitrary arrest, administrative detention without judicial supervision, denial of access to counsel and evidence, inadequate time and facilities for defence – Limits on appeal from State Security Courts – Freedom of expression and receipt of foreign funding – Communication withdrawn after domestic acquittal; file closed.
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29 May 2003 |
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Embargo imposed by regional states on Burundi did not violate the African Charter on Human and Peoples' Rights.
International law – Embargo – Sub-regional collective action – Human rights – Economic sanctions – Violation of African Charter – Right to life, education, and development – Legitimacy of international sanctions – Regional peace and security – Proportionality and monitoring of sanctions – Non-interference.
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29 May 2003 |
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An inter-State complaint found respondent states violated the African Charter via armed intervention, mass abuses, and resource plunder.
Inter-State communication; admissibility under Article 49; use of force and occupation; violations of African Charter rights (life, security, movement, property, development, self-determination); applicability of Geneva Conventions and Protocols; illegal exploitation of natural resources; non-participation treated as admission.
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29 May 2003 |
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The State violated Article 5 by subjecting students to judicial lashings amounting to cruel, inhuman and degrading treatment.
Human rights – Judicial corporal punishment – Article 5 (prohibition of torture, cruel, inhuman or degrading treatment) – Admissibility: exhaustion of local remedies and ineffectiveness – Disproportionate punishment – Obligation to amend domestic law and provide compensation.
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29 May 2003 |
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Communication inadmissible because the applicant failed to exhaust available local remedies under Article 56(5).
African Charter – Admissibility – Exhaustion of local remedies (Article 56(5)) – Practical availability of remedies – Exceptions when domestic remedies impracticable or unduly prolonged – Refugee dismissed based on nationality.
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29 May 2003 |
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Complainant withdrew a communication alleging fair-trial and expression violations; the Commission noted the withdrawal and closed the file.
Human rights — Allegations of fair-trial and due-process violations, restrictions on freedom of expression and association, application of emergency/military funding controls; withdrawal of communication and closure of file.
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29 May 2003 |
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The Commission suspended consideration of mass expulsion and human rights violation complaints pending determination by the Claims Commission.
African Charter – admissibility of communications – mass deportations, arbitrary detention, torture and property expropriation – exhaustion of local remedies – prior international remedy (Claims Commission) – Article 56(7) – suspension sine die pending outcome of alternative proceedings.
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29 May 2003 |
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The respondent violated Charter rights to liberty, freedom from torture and fair trial, including counsel and impartial tribunal.
Human rights — Arbitrary detention; torture and cruel, inhuman or degrading treatment; right to counsel of choice; presumption of innocence; civilians tried by military courts; admissibility despite presidential pardon; state obligations under Articles 5, 6, 7(1) of the African Charter.
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29 May 2003 |
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The Commission found Sudan violated multiple Charter rights by detaining and harassing a human rights lawyer for his advocacy activities.
Human rights – arrest and detention – freedom of expression – freedom of association – freedom of assembly – national security – admissibility – exhaustion of local remedies – disproportionate state action – violation of African Charter on Human and Peoples’ Rights.
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29 May 2003 |
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Communication dismissed as inadmissible for failure to exhaust available domestic remedies against an administrative ban.
Administrative law; Freedom of assembly; Admissibility — Exhaustion of local remedies under Article 56(5) African Charter; Availability of hierarchical administrative recourse and judicial review by Conseil d'Etat; Urgent interim relief not invoked; Communication declared inadmissible.
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29 May 2003 |
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The respondent's mental health law violates rights to nondiscrimination, dignity, fair hearing, political participation, and health.
Mental health law – Lunatics Detention Act – admissibility where domestic remedies are unrealistic – discrimination on ground of disability – violation of dignity and prohibition of cruel, inhuman or degrading treatment – lack of review/appeal and legal representation – denial of political participation – right to health and special protection for disabled persons.
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29 May 2003 |