Results.
11 judgments found.
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| December 2004 |
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The respondent’s incitement and coerced return of refugees breached African Charter protections, including the ban on mass expulsion.
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Refugee law — Mass expulsion and non‑refoulement — Prohibition of mass expulsion targeting national groups — African Charter Art.12(5); OAU Convention Art.4
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Human rights — Non‑discrimination and inhuman treatment — State‑incited discrimination, arbitrary detention, sexual violence and degrading treatment — African Charter Arts.2,4,5,14
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Admissibility — Exhaustion of local remedies — Life‑threatening persecution and impracticality preclude requirement — African Charter Art.56(5)
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7 December 2004 |
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Failure to attempt domestic remedies rendered the land‑rights communication inadmissible despite standing and unresolved UN involvement.
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Human rights
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— Property / Land rights — Exhaustion of local remedies — Article 56(5) of the African Charter
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— Standing — Representative organisations and authorised agents may bring communications under article 56(1)
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— Admissibility — Pending / prior international consideration (ne bis in idem) — No bar where prior body gave no final decision on merits
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7 December 2004 |
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Communication dismissed as inadmissible for failure to exhaust domestic remedies despite allegations of judicial bias.
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Human rights
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— Admissibility — Exhaustion of local remedies — Application of Article 56(5) of the African Charter
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— Judicial independence — Alleged lack of impartiality — Mere apprehension does not excuse non‑exhaustion of domestic remedies
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7 December 2004 |
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Restriction on sacramental cannabis use did not violate the applicant's religious, occupational, dignity, or cultural rights.
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Human rights
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— Freedom of religion — Sacramental use of cannabis — Limitations permissible where justified by legitimate public interest (article 27(2))
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— Right to work/occupational choice — Professional fitness requirements — Refusal to register applicant who intends to contravene general law not a violation of article 15
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— Subsidiarity and margin of appreciation — Domestic discretion acknowledged but Commission retains supervisory review under the African Charter
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7 December 2004 |
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Summary dismissal without notice violated the applicant’s right to a fair hearing under Article 7(1)(a).
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Human rights — Fair trial — Dismissal for non-appearance without notice — Article 7(1)(a) African Charter
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Civil procedure — Application of procedural rules — Discretion must not negate substantive rights
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Human rights — Access to justice — Judicial dismissal and availability of set-aside/remedy
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7 December 2004 |
| June 2004 |
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Communication inadmissible for failure to exhaust local remedies after domestic trials and releases.
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Human rights — Admissibility — Exhaustion of local remedies — Whether communication admissible when domestic courts have tried and released detainees — African Charter art.56(5)
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4 June 2004 |
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Communication alleging breaches of judicial independence and fair hearing closed after complainant withdrew while domestic processes proceeded.
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Human rights — Judicial independence — Alleged public naming, suspension and tribunals against judges for corruption
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Admissibility
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— Reliance on media reports — Requirement of factual basis under Article 56(4) of the African Charter
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— Exhaustion of local remedies — Article 56(5) and availability of domestic judicial and statutory remedies
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4 June 2004 |
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Communication alleging mass extra‑judicial killings dismissed for failure to show exhaustion of domestic remedies.
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Human rights — Admissibility — Exhaustion of local remedies — Exception for large‑scale/epidemiological violations under Article 56(5)
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Procedure — Admissibility submissions — Failure to furnish requested written submissions leads to inadmissibility
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4 June 2004 |
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Dissolution of an opposition party violated freedom of association because the sanction was disproportionate to the alleged conduct.
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Human rights
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— Freedom of association — Dissolution of political party — Proportionality and necessity of restrictions — African Charter art. 10(1)
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— Freedom of expression — Regulation vs
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Charter primacy — Limitations must be legitimate, necessary and proportionate
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Procedure — Admissibility — Exhaustion of local remedies — Ordinary remedies required; extraordinary revision not obligatory
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4 June 2004 |
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Undue judicial delay violated the applicant’s right to have his case heard within a reasonable time; State must expedite and compensate.
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Human rights
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— Fair trial — Right to be tried within a reasonable time — State responsibility for undue delay
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— Property rights — Admissibility versus merits — Commission will not substitute domestic courts absent final decision
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4 June 2004 |
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Commission finds violation of the applicant’s property rights where an unexplained donation deprived him of his inheritance.
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Human rights
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— Property rights — Dispossession by unexplained donation — Violation of Article 14 of the African Charter
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— Slavery — Lingering consequences of slavery and evidentiary assessment in property disputes — State obligations to remedy resultant dispossession
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4 June 2004 |