African Commission on Human and Peoples Rights - 2015

6 judgments
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6 judgments
Citation
Judgment date
August 2015
A complaint about NGO regulatory restrictions was found inadmissible for failure to exhaust Ethiopia’s constitutional review remedy.
Admissibility – exhaustion of local remedies – constitutional review in Ethiopia – nature of effective remedies – procedural requirements under Article 56(5) African Charter – NGOs – regulatory restrictions – right to property – freedom of association – House of Federation and Council of Constitutional Inquiry as remedy.
8 August 2015
A complaint of mass death sentences in Egypt was declared inadmissible due to non-exhaustion of available and pending domestic remedies.
Human rights – African Charter – admissibility of communications – exhaustion of local remedies – right to fair trial – mass sentencing to death – provisional measures – threshold for exception to exhaustion of remedies in cases of serious and massive violations – compliance with provisional measures.
8 August 2015
Cameroon violated the applicant’s rights to liberty and fair trial through arbitrary detention, denial of due process, and failure to implement court orders.
Human rights – right to liberty and security of person – right to a fair trial – prolonged and arbitrary detention – presumption of innocence – access to defence – right to be tried within a reasonable time – effective remedies – compensation and state accountability for violation of rights under the African Charter.
8 August 2015
Complaint withdrawn and struck off after applicant requested closure due to procedural delays; merits and admissibility not decided.
African Commission procedure – withdrawal of communication – effect of request by applicant to discontinue – striking out on withdrawal – failure to reach decision on admissibility or merits.
7 August 2015
February 2015
Kenya was found to have violated Nubians' rights to non-discrimination, nationality, and property through discriminatory vetting and denial of land rights.
Human rights – discrimination – nationality – statelessness – property rights – right to equality and non-discrimination – recognition of legal status – forced evictions – state obligations under the African Charter – collective rights of minorities.
28 February 2015
Systemic discrimination in nationality laws and practices in Côte d’Ivoire violated multiple Charter rights and perpetuated statelessness.
Human rights – nationality – discrimination on grounds of ethnicity and religion – denial of legal status and statelessness – right to dignity, equality, participation, property, work, and development – effectiveness of nationality laws and remedies – international obligations to prevent statelessness – constitutional and legislative reform obligations under the African Charter.
28 February 2015