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Citation
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Judgment date
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| September 2020 |
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A complaint filed by a dissolved political party was declared inadmissible for lack of locus standi under the African Charter.
African Charter on Human and Peoples' Rights – admissibility of complaints – locus standi – requirement of legal personality for complainant – dissolved entities’ standing before the African Commission – exhaustion of local remedies – right to fair trial – right to life – death penalty – whether provisional measures were binding despite admissibility findings.
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9 September 2020 |
| August 2020 |
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A complaint about a custodial death was found inadmissible for failure to exhaust available domestic remedies in Nigeria.
African Charter – admissibility – exhaustion of local remedies – death in detention – duty to investigate – procedures before the African Commission – failure to demonstrate exhaustion or unavailability of judicial remedies renders communication inadmissible.
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17 August 2020 |
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The Commission declared a complaint inadmissible due to unreasonable delay in filing after exhaustion of domestic remedies.
Human rights – Admissibility – exhaustion of domestic remedies – reasonable time to file complaint – right to fair trial – procedural fairness – Article 56 of the African Charter – limitations of international review bodies.
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17 August 2020 |
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A communication was struck out for want of diligent prosecution due to complainants' failure to submit admissibility arguments.
Human rights – African Charter – communication procedure – admissibility – want of diligent prosecution – failure by complainant to submit arguments and evidence within prescribed deadlines – communication struck out.
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17 August 2020 |
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The African Commission granted the complainants' request to withdraw and closed the communication without considering the merits.
African Commission on Human and Peoples' Rights – withdrawal of communication – application for discontinuation of complaint – closure of matter on request of complainants.
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16 August 2020 |
| November 2018 |
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Commission finds multiple Charter violations including arbitrary detention, torture, unfair trials, and religious discrimination; urges remedial measures.
Human rights—admissibility where domestic remedies ineffective—arbitrary detention, torture and extra-judicial executions—fair trial and judicial independence—religious freedom—freedom of expression and association—State responsibility and inadequate investigations
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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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Communication struck out where the complainant failed to submit admissibility materials and did not diligently prosecute the case.
Procedure — Communications — Failure to submit admissibility arguments within prescribed deadlines — Extensions granted but unused — Strike 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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Communication alleging post‑coup human‑rights abuses struck out for lack of diligent prosecution after failure to submit admissibility arguments.
Procedure – Admissibility – failure to file admissibility submissions within prescribed time – Rule 105(1) and Rule 113 – lack of diligent prosecution – Communication struck out; allegations of post‑coup arbitrary arrest, torture and referral to military courts
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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 Communication was struck out for lack of diligent prosecution after the Complainant failed to meet admissibility submission deadlines.
Diligent prosecution; admissibility requirements; Rule 105(1) and Rule 113 of the Commission’s Rules of Procedure; failure to submit admissibility arguments; strike out for want of diligent prosecution
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18 October 2018 |
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A Communication alleging arrest, torture and inhuman detention was struck out for lack of diligent prosecution.
Admissibility; procedural compliance; Rule 105(1) and Rule 113; diligent prosecution; striking out Communications; allegations of arbitrary arrest, torture, unfair military trial, and inhuman detention
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18 October 2018 |
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Communication declared inadmissible for disparaging language and failure to exhaust domestic remedies under Article 56.
Admissibility — Article 56 — disparaging language and undermining judicial integrity under Article 56(3); exhaustion of domestic remedies — availability, effectiveness and undue prolongation under Article 56(5) and timeliness under Article 56(6)
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18 October 2018 |
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Communication struck out for lack of diligent prosecution after repeated failure to submit admissibility arguments despite extensions.
Procedure — Admissibility — Failure to submit admissibility arguments within prescribed and extended deadlines — Lack of diligent prosecution — Rule 105(1) and Rule 113 — Communication struck out
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18 October 2018 |
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State violated equality and fair‑trial rights by selectively blocking amnesty and issuing an unreasoned stay causing undue delay.
Amnesty Act — discriminatory application; exhaustion of domestic remedies — Supreme Court quorum; IHL and African Charter — lex specialis in NIAC; torture allegations — insufficient evidence; right to a reasoned judgment; undue delay in trial
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17 October 2018 |
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Communication struck out for lack of diligent prosecution after the applicant failed to submit admissibility arguments or seek an extension.
Procedural admissibility – Failure to file admissibility submissions under Rule 105(1) – No application for extension under Rule 113 – Lack of diligent prosecution – Communication struck out; underlying allegations included torture, forced disappearance, unfair trial, and poor prison conditions
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17 October 2018 |
| September 2018 |
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A communication alleging abuses was declared inadmissible because it was directed against a State not party to the Charter.
Admissibility — Competence of the African Commission — Communications directed against States not party to the African Charter — Article 101 Rules of Procedure
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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 respondent discriminated against Baha'i applicants and violated their internal freedom of religion by coercing religious identification.
Freedom of religion — forum internum vs forum externum; non‑discrimination (Articles 2 and 3); state reservation to Article 8 and its validity; right to identity documents; duty to provide a neutral civil regime for marriages of unreognised religions
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28 April 2018 |
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Communication alleging unfair trial dismissed as inadmissible for unreasonable delay after domestic remedies were exhausted.
Admissibility — Article 56 — Exhaustion of domestic remedies — Judicial Committee of the Privy Council as highest court — National Human Rights Commission not a judicial remedy — Timeliness/Article 56(6) — Prima facie compatibility with the Charter — Provisional measures (Rule 98) not granted
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28 April 2018 |
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Admissible Communication: State liable for arbitrary detention after bail, interference with judicial independence, unlawful military trials and denial of defence rights.
Human rights — Admissibility — Exhaustion of domestic remedies; Res judicata — East African Court of Justice — Merits — Arbitrary detention after bail — Violation of personal liberty (Article 6) — Fair trial and judicial independence — Trial of civilians by military courts — Denial of access to counsel — Remedies and compensation
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28 April 2018 |
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Res judicata bars re-litigation of identical Commission decisions; prior remedial recommendations are reaffirmed and implementation urged.
Human rights — res judicata — re-litigation barred where Commission previously decided same human-rights claims and remedies; impartiality — subjective and objective tests for bias; confidentiality and politicisation allegations dismissed; obligation to implement prior Commission decisions
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27 April 2018 |
| March 2018 |
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Commission declined seizure: complaint failed admissibility tests of exhaustion of domestic remedies and timeliness.
Admissibility — Rent control and property rights — exhaustion of domestic remedies — timeliness — Article 56 African Charter — Rule 93(2) of Commission’s Rules of Procedure
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6 March 2018 |
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A communication alleging torture and unfair trial was struck out for failure to file admissibility submissions and diligent prosecution.
Procedure — Admissibility — Rule 105(1) & Rule 113 — failure to file admissibility submissions — lack of diligent prosecution — strike out
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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 |
| October 2017 |
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Victim's failure to challenge the Attorney General's prerogative before the Constitutional Council rendered the communication inadmissible.
Admissibility — Article 56 African Charter — exhaustion of domestic remedies (Article 56(5)) — continuing violation doctrine and ratione temporis — property rights (Article 14) — fair trial/procedural rights (Article 7(1)(c)) — constitutional remedy to challenge Attorney General's prerogative
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23 October 2017 |
| July 2017 |
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Communication on recovery of money declared inadmissible for failure to exhaust local remedies under Article 56.
Human rights – Admissibility – Exhaustion of local remedies – Article 56 African Charter – Rule 114 Rules of Procedure – Communication concerning recovery of money – Inadmissible
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13 July 2017 |
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A generalized, anonymous report without identified victims, dates or locations is inadmissible for Commission consideration.
Admissibility — Requirement to identify author and victim — Communications must include specific victims and incident details (names, dates, places) — Anonymous/generalized reports insufficient — No admissibility where no grave/massive allegation justified relaxation of requirements
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13 July 2017 |
| June 2017 |
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The Commission found sufficient evidence of serious human rights violations and referred the matter to the Assembly under Article 58(1).
Human rights violations – arbitrary arrest, detention and torture – admission of evidence – Article 58(1) African Charter – referral to Assembly of Heads of State and Government.
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30 June 2017 |
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The Commission found torture (Article 5) proven; other alleged Charter violations were not established; it ordered compensation and investigation.
Admissibility — constructive exhaustion of domestic remedies; Torture — Article 5 proven by medical and psychological evidence; State's failure to investigate; No violation found of Articles 4, 6, 7(c)/(d), 10(1), 14
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30 June 2017 |
| February 2016 |
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Commission found competence and admissibility but struck out the communication for failure to prosecute merits.
Constitutional amendment – ouster of judicial jurisdiction – admissibility – competence ratione materiae and personae – actio popularis – exhaustion of local remedies exception where domestic provisions oust jurisdiction – procedural strike out for lack of diligent prosecution
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1 February 2016 |
| August 2015 |
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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.
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8 August 2015 |
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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.
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8 August 2015 |
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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.
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8 August 2015 |
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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.
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7 August 2015 |
| February 2015 |
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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.
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28 February 2015 |
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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.
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28 February 2015 |
| October 2014 |
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Whether trial procedures violated fair-trial rights and whether executive actions undermined judicial independence.
Human rights – Fair trial: presumption of innocence; right to defence; prohibition on retroactive criminalisation – Admissibility and exhaustion of domestic remedies – Judicial independence: executive interference, targeted judicial appointments, appearance of impartiality (Article 26)
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14 October 2014 |
| July 2014 |
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Communication declared inadmissible due to failure to exhaust local remedies despite allegations of state interference and statelessness.
African Charter – Admissibility of communications – local remedies – disparaging language – whether exhaustion of local remedies is required where the complainant claims inability to pursue remedies after leaving the respondent state – criteria for determining when remedies are unavailable or ineffective.
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29 July 2014 |
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The Commission held that lack of effective remedies in Nigeria justified exemption from exhausting local remedies for prolonged pre-trial detention.
African Charter on Human and Peoples' Rights – admissibility – exhaustion of local remedies – right to trial within reasonable time – prolonged pre-trial detention – non-existence and ineffectiveness of local remedies under national law – requirement of reasonable period for submission.
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29 July 2014 |
| June 2014 |
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Alleged torture found prima facie but Communication declared inadmissible for failure to exhaust domestic remedies.
Human rights – torture and degrading treatment – admissibility – Article 56 ACHPR – prima facie violations – exhaustion of local remedies (availability, effectiveness, sufficiency) – waiver for exile – timeliness (reasonable period)
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4 June 2014 |
| April 2014 |
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Whether suspension of the SADC Tribunal breached access-to-court and judicial-independence obligations under Articles 7 and 26 of the African Charter.
Human rights — Access to justice — Alleged suspension of SADC Tribunal — Admissibility (Art.56) — Jurisdiction ratione personae (States v SADC) — Exhaustion of domestic remedies dispensed with — Articles 7 and 26 interpreted as protecting access to national courts, not a supra‑national tribunal
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30 April 2014 |
| March 2014 |
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Sudanese security forces violated multiple rights of human rights defenders through torture, arbitrary arrest, forced exile, and organizational repression.
Human rights – torture – arbitrary arrest and detention – freedom of expression and association – forced exile – due process – state responsibility for acts of security services – availability and effectiveness of domestic remedies – African Charter Articles 1, 5, 6, 9, 10, 12, 15, 16.
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14 March 2014 |
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The Commission declined to consider a complaint for non-compliance with formal requirements under Article 56 and Rule 93(2) of the Charter.
African Charter on Human and Peoples’ Rights – Admissibility of communications – Disparaging language – Exhaustion of local remedies – Victim consent – Prima facie violation must be established – Seizure declined for non-compliance with Article 56 and Rule 93(2).
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14 March 2014 |
| October 2013 |
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The Commission struck out the applicant’s indigenous land-rights communication for failure to prosecute under Rule 108(1).
Procedure – Communication strike-out – Rule 108(1) – Failure to submit observations on merits – Lack of diligent prosecution – Indigenous peoples’ land-rights allegations
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18 October 2013 |
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Communication struck out for lack of diligent prosecution after complainant failed to file merits submissions.
Procedure — Failure to prosecute — Rule 108(1) (60-day rule for submissions on merits) and Rule 113 (extensions) — Repeated Secretariat reminders — Communication struck out for lack of diligent prosecution; merits not adjudicated
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18 October 2013 |
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State violated multiple Charter rights by failing to prevent, investigate and remedy gender-based sexual assaults on journalists.
Human rights — Gender-based and sexual violence against female journalists during a protest — State duty to protect, investigate and prosecute — Discrimination (sex and political opinion) — Inhuman and degrading treatment — Freedom of expression — Effective remedies and institutional guarantees — Exhaustion of local remedies (admissibility)
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12 October 2013 |
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Excessive delays and prejudicial state action breached the applicants' presumption of innocence and right to a speedy, impartial trial.
Admissibility — actio popularis; NGO locus standi; exhaustion exception; fair trial — presumption of innocence; prejudicial pre-trial publicity; excessive pre-trial detention; right to trial within reasonable time; joinder and unclear indictments
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12 October 2013 |