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Citation
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Judgment date
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| October 2012 |
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A communication was struck out for lack of diligent prosecution following prolonged non-response from the complainants.
Procedure – African Commission on Human and Peoples’ Rights – striking out for lack of diligent prosecution – prolonged failure to respond or prosecute – amicable settlement process – Commission’s discretionary powers.
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22 October 2012 |
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State authorities violated the right to property and fair trial guarantees by arbitrarily depriving the complainant of his inheritance without due process.
Human rights – right to property – arbitrary deprivation of property – fair trial – equality before the law – procedural safeguards – remedies for violations – state obligation to respect and fulfill property rights under the African Charter.
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22 October 2012 |
| May 2012 |
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Constructive exhaustion admitted communication; State held responsible for torture (Article 5) and ordered compensation and investigation.
Human rights — Admissibility — Constructive exhaustion of domestic remedies where return would be unsafe; Torture — Article 5 — Weight of medical and psychological evidence and State’s failure to investigate; No violation of Articles 4, 6, 7, 10(1), 14; Remedies — compensation, investigation and prosecution.
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2 May 2012 |
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The Commission held that Zimbabwe violated the right to life and failed to provide effective compensation to victims' families for wrongful killing by state agents.
Human rights – Right to life – Extrajudicial and arbitrary killings by state agents – Use of lethal force by law enforcement – Nature of effective remedy and compensation under the African Charter – State obligation to reform laws and provide reparation for victims' next of kin.
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2 May 2012 |
| March 2012 |
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The Commission declared the complaint inadmissible for failure to exhaust local remedies and lack of sufficient supporting evidence.
African Charter – Admissibility – local remedies – evidence – effective and available remedy – complaint must be substantiated – timeliness of communications – admissibility requirements under Article 56(5) and (6) of the African Charter; representation before national courts without physical presence.
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1 March 2012 |
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Complaint dismissed for failure to exhaust domestic remedies regarding allegations of torture and property confiscation.
African Charter on Human and Peoples’ Rights – admissibility – exhaustion of local remedies – requirement under Article 56(5) – inadmissibility where effective domestic remedies not pursued – submission within reasonable timeframe linked to exhaustion requirement.
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1 March 2012 |