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Citation
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Judgment date
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| November 2022 |
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Communication alleging extrajudicial killings struck out for failure to submit admissibility observations and prosecute the case.
Procedure – Communications under the African Charter – 2010 Rules of Procedure (Rule 105, Rule 113) – Failure to submit observations on admissibility – Failure to prosecute – Strike out of communication.
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9 November 2022 |
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The respondent violated victims' rights through arbitrary detention, torture, and breaches of fair trial, expression and association.
Human rights law — arbitrary arrest and incommunicado detention — torture and cruel, inhuman or degrading treatment — denial of prompt access to counsel and judicial review — restrictions on freedom of expression and association — effectiveness of domestic remedies and immunity of security personnel — admissibility where UN Working Group considered the case.
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9 November 2022 |
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Communication alleging illegal refoulement and unfair trial struck out for lack of diligent prosecution after missed admissibility submissions.
Procedure – Admissibility – Rule 105(1) and Rule 113 – Failure to file observations or to seek extension – Want of diligent prosecution – Strike out of Communication; Refugee law – Alleged illegal refoulement, incommunicado detention and unfair military trial – Provisional measures granted but matter procedurally dismissed.
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9 November 2022 |
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The Commission struck out the Mau Forest eviction communication for want of diligent prosecution due to no admissibility submissions.
Procedure — Strike out for want of diligent prosecution — Failure to file admissibility submissions under Rule 105(1) — No extension sought under Rule 113 — Provisional measures earlier issued — Alleged mass evictions in Mau Forest — Parallel proceedings before African Court noted.
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9 November 2022 |
| August 2022 |
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Commission finds communication on Southern Cameroons inadmissible because its prayers conflicted with AU principles of sovereignty and territorial integrity.
Human rights — Anglophone/Southern Cameroons crisis — Admissibility under Article 56 — identification of authors; compatibility with African Charter and AU Constitutive Act; territorial integrity and sovereignty; exhaustion/unavailability of domestic remedies; provisional measures.
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2 August 2022 |
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Communication partially admissible; Commission finds fair‑trial, expression and health violations and orders reparations and reform.
Admissibility — exhaustion of domestic remedies; Fair trial — prompt information of charges, prompt trial, access to counsel, presumption of innocence, judicial independence; Freedom of expression — overbroad anti‑terrorism law and criminalisation of journalism; Right to health — detention medical care; Remedies — reparations and law reform.
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2 August 2022 |
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Whether the respondent’s failure to provide ESIA and disclosure for a development project violated the applicants' right to development.
Admissibility — exhaustion of domestic remedies — State’s burden to show availability and effectiveness; Indigenous peoples — qualification criteria; Right to self-determination and participation — consultation and free, prior and informed consent for development projects; Right to development — requirement for impact assessment and public disclosure; Environmental rights — threshold for breach; Remedies — ESIA disclosure and reporting obligations.
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2 August 2022 |
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State violated Charter by torture (gang-rape), failing to investigate and denying effective remedies, forcing the victim into exile.
Human rights — Torture and sexual violence in custody — State due diligence to investigate and prosecute — Gender-based violence and discrimination — Obligation to ensure effective remedies and reparations — Admissibility: exhaustion and reasonable time.
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2 August 2022 |
| May 2022 |
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State violated Articles 1, 4, 5 and 7 by torturing detainees, denying fair trial and imposing death sentences after unfair trials.
Human rights — torture and ill‑treatment — prohibition of coerced confessions — fair trial guarantees in anti‑terror proceedings — death penalty after unfair trial — admissibility and exhaustion of local remedies — applicable IHL in non‑international armed conflict (Darfur).
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13 May 2022 |
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Commission finds DRC violated Batwa rights by evicting them without consultation, resettlement or compensation and orders reparations.
African human rights law — admissibility (undue delay / exhaustion of domestic remedies); indigenous peoples — recognition, land, culture and resources; forced eviction and conservation — compatibility with human rights; violations of Articles 1,2,4,8,14,16,17,21,22,24; remedies: restitution, compensation, legislative and administrative measures.
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13 May 2022 |
| March 2022 |
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Communication struck out for want of diligent prosecution due to the applicant's failure to file admissibility submissions.
Human rights communications – Admissibility – Failure to submit admissibility arguments within time – Rule 105(1) and Rule 113 Rules of Procedure – Strike out for want of diligent prosecution – Prior similar jurisprudence.
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9 March 2022 |
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Communication on death‑penalty and clemency procedure struck out for lack of diligent prosecution.
Human rights — Death penalty and clemency procedure — Provisional measures issued — Procedural compliance — Rule 108(1) and Rule 113 — Failure to prosecute — Strike out for want of diligent prosecution.
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9 March 2022 |
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A communication alleging torture and other rights violations was struck out for want of diligent prosecution after missed admissibility deadlines.
Human rights — Communication alleging torture, arbitrary arrest, detention and unlawful surveillance — Admissibility — Failure to submit evidence and arguments under Rule 105(1) — No extension sought under Rule 113 — Strike out for want of diligent prosecution.
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9 March 2022 |
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Whether the Commission should grant a State's request to withdraw an Article 49 communication at the merits stage.
Human rights procedure — Withdrawal of interstate communication under Article 49 — Admissibility and merits stages — Rule 124 Rules of Procedure (2020) — Commission grants withdrawal and closes file.
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9 March 2022 |
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Annulment of the applicant's candidacy without notice or hearing violated rights to a hearing and to participate in government.
Electoral law — Residency requirement — Procedural fairness (audi alteram partem; equality of arms) — Right to stand/participate in government (Article 13(1)) — Admissibility and exhaustion of local remedies — State’s failure to respond to the Commission.
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9 March 2022 |
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Communication alleging arbitrary eviction and service-related rights struck out for want of diligent prosecution.
Procedure – Admissibility – Rule 105(1) two-month submission requirement – Rule 113 extension procedure – Failure to prosecute – Strike out for want of diligent prosecution; Alleged violations of Articles 7 and 12 of the African Charter.
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9 March 2022 |
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The Commission granted the complainant's request to withdraw the communication and declared it closed.
Procedure — Communication withdrawal — Request granted where complainant sought withdrawal after Secretariat proposed striking out for want of diligent prosecution; Commission relies on prior jurisprudence — Communication closed.
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9 March 2022 |
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The respondent failed to protect, investigate or compensate the victim, violating property, fair trial and protection-from-abuse rights.
Admissibility — exhaustion of local remedies — flexible application where domestic remedies unavailable or ineffective; State obligation to protect against non-state actors; parliamentary privileges proceedings as tribunal for Article 7 purposes — fair trial and impartiality; expropriation of land — lawful procedure and adequate compensation; arbitrary arrest and denial of counsel; discrimination on political/racial grounds.
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9 March 2022 |