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Citation
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Judgment date
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| November 2018 |
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Whether emergency laws, special tribunals and security practices breached Charter rights to life, dignity, fair trial, religion, expression and association.
Human rights – admissibility where local remedies are ineffective – arbitrary detention and incommunicado detention – torture and cruel, inhuman or degrading treatment – extra‑judicial executions – special/military tribunals and lack of judicial independence – restrictions on freedom of religion, expression and association – State burden of proof.
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15 November 2018 |
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The Commission struck out the complaint due to the complainant's failure to pursue the matter or comply with procedure.
Human rights – African Charter – Admissibility of complaints – Striking out for want of diligent prosecution – Procedural compliance under Commission rules.
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13 November 2018 |
| October 2018 |
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A communication was struck out by the Commission for lack of diligent prosecution after the complainant failed to submit arguments on admissibility.
African Charter on Human and Peoples’ Rights – Procedure – Diligent prosecution – Failure to submit admissibility arguments and evidence within prescribed period – Communication struck out for lack of diligent prosecution.
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18 October 2018 |
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The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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18 October 2018 |
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Complaint struck out for lack of diligent prosecution after complainant failed to submit required admissibility arguments.
African Charter – admissibility – non-compliance with procedural requirements – strike out for want of diligent prosecution – failure to submit admissibility arguments within extended deadlines.
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18 October 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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18 October 2018 |
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The Commission struck out a complaint against Egypt for failure by complainants to prosecute by making required submissions.
Human rights law – African Charter – strike out for want of diligent prosecution – failure to submit arguments on admissibility within procedural deadlines – discretion of the African Commission to dismiss non-prosecuted communications.
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18 October 2018 |
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A complaint was struck out by the Commission due to the complainant's failure to pursue it with due diligence.
African Commission procedure – Diligent prosecution – Striking out of communication for failure to submit required arguments on admissibility within prescribed timing – Failure to respond to Commission correspondence.
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18 October 2018 |
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Communication was declared inadmissible for failure to exhaust local remedies and for use of disparaging language against the judiciary.
Admissibility of communications – African Charter on Human and Peoples' Rights, Article 56 – prerequisites for admissibility – exhaustion of local remedies – non-use of disparaging language – assessment of effective and sufficient remedy – requirement for substantiated allegations and reasonable period for submission.
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18 October 2018 |
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A communication was struck out for lack of diligent prosecution following failure to submit admissibility arguments as required.
Human rights – African Charter on Human and Peoples’ Rights – admissibility – procedural default – communication struck out for want of diligent prosecution.
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18 October 2018 |
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State’s arbitrary denial of amnesty and delay in judicial proceedings violated equal protection and fair trial rights under the African Charter.
Human rights – African Charter – Equality before the law – Selective application of amnesty – Fair trial rights – Judicial delays – Right to compensation
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17 October 2018 |
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The Commission struck out the communication due to the complainant’s failure to prosecute the case diligently.
Human rights – African Charter – complaints procedure – admissibility – failure to prosecute – communication struck out for want of diligence.
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17 October 2018 |
| September 2018 |
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Communication alleging mass arrests and torture dismissed as inadmissible since the respondent State was not party to the Charter.
Human rights complaints – Admissibility – Jurisdictional limitation of the African Commission – Communications directed against States not party to the African Charter – Allegations of mass arrests, detention and torture.
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7 September 2018 |
| August 2018 |
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The Commission closed a complaint of arbitrary detention and torture after the victim's release and withdrawal of the case.
Human rights – arbitrary detention – torture and ill-treatment – communication withdrawn after victim's release – closure of proceedings without determination on merits.
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8 August 2018 |
| April 2018 |
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The Commission found Egypt violated religious minorities’ rights by denying Baha’is civil documentation and marriage recognition, ordering compensation and reform.
Human rights – African Charter – right to equality and non-discrimination (Articles 2 and 3); freedom of religion (Article 8); discrimination based on religion; state obligation to provide legal recognition for all religious minorities; effect of reservations to the Charter; remedy and compensation for past discrimination.
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28 April 2018 |
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Inordinate delay in filing a complaint after exhausting local remedies leads to inadmissibility under the African Charter.
Human rights – admissibility criteria – exhaustion of local remedies – reasonable time – referral to national human rights commission not a judicial remedy – inordinate delay renders complaint inadmissible under Article 56(6) of the African Charter.
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28 April 2018 |
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State non-compliance with judicial bail orders and prosecution of civilians before military courts breaches fair trial and liberty rights.
Human rights – right to liberty and security – arbitrary detention – non-compliance with court bail orders – judicial independence – fair trial – military courts’ jurisdiction over civilians – right to legal representation – African Charter Articles 6, 7 and 26 – state obligation to respect judicial decisions.
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28 April 2018 |
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The Commission dismissed the case as res judicata, reaffirming Eritrea's duty to implement previous orders regarding detained journalists.
African Charter on Human and Peoples' Rights – preliminary objection – res judicata – communications previously adjudicated – alleged bias – breach of confidentiality – politicisation – Commission’s mandate and functions – non-implementation of prior decisions – reaffirmation of earlier recommendations.
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27 April 2018 |
| March 2018 |
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Complaint against Egyptian rent control laws dismissed for failure to exhaust domestic remedies and unreasonable delay in filing.
African Charter – Communication – admissibility – exhaustion of domestic remedies – reasonable time – complaint against long-standing rent control regime in Egypt – Commission declining seizure for failure to meet procedural conditions.
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6 March 2018 |
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A complaint was struck out for lack of diligent prosecution due to the complainant's failure to submit admissibility arguments.
African Charter on Human and Peoples’ Rights – Procedure – Communication struck out for lack of diligent prosecution – Failure to submit arguments on admissibility within prescribed time and absence of extension request.
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6 March 2018 |
| February 2018 |
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The African Commission struck out the communication due to the complainant's failure to submit on admissibility after repeated extensions.
African Commission procedure – admissibility – failure to prosecute – striking out of communication for failure to comply with procedural timelines and directions.
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22 February 2018 |
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A communication was struck out for failure to pursue it diligently and comply with procedural requirements before the Commission.
African Charter on Human and Peoples' Rights – communications procedure – admissibility – failure to comply with procedural timelines – strike out for lack of diligent prosecution.
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22 February 2018 |