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Citation
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Judgment date
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| October 2013 |
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Failure to notify family of execution date for a death row inmate constitutes cruel, inhuman, degrading treatment under the African Charter.
Death penalty – compulsory sentencing – due process and fair trial – functus officio doctrine – cruel, inhuman or degrading punishment – notification before execution – right to life – Article 5 of the African Charter violated.
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12 October 2013 |
| July 2013 |
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Complaint challenging Swaziland’s ban on political parties declared inadmissible due to unreasonable delay in filing after exhausting local remedies.
African Charter on Human and Peoples’ Rights – admissibility of communications – requirement of exhaustion of local remedies – requirement of submission within reasonable time – challenge to ban on political parties – failure to justify delay in submission – inadmissible complaint due to unreasonable delay.
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24 July 2013 |
| April 2013 |
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Complaint regarding unequal pension benefits following Venda’s incorporation into South Africa dismissed; no Charter violation found.
African Charter on Human and Peoples’ Rights – discrimination – equality before the law – political participation – right to work – distinction in pension entitlements – rational justification – objective criteria – no violation established.
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23 April 2013 |
| February 2013 |
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Communication on torture and ineffective remedies rejected as inadmissible due to unreasonable delay in submission to the Commission.
African Charter on Human and Peoples’ Rights – admissibility of communication – exhaustion and effectiveness of local remedies – procedural immunities for state security agents – retroactive limitation periods – reasonable time for submitting complaints to the Commission.
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25 February 2013 |
| 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 |
| November 2011 |
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Complaint declared inadmissible for failure to submit within a reasonable period after exhausting local remedies.
African Charter on Human and Peoples’ Rights – Admissibility of communications – exhaustion of local remedies – timeliness – 'reasonable period' under Article 56(6) – matrimonial property.
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5 November 2011 |
| March 2011 |
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State subjected detainees to torture and deprived them of fair‑trial guarantees; Commission ordered non‑execution and reforms.
Human rights — admissibility: exhaustion of local remedies where presidential ratification is discretionary — torture and ill‑treatment in custody; denial of prompt access to counsel and medical examination; inadmissibility of confessions obtained in incommunicado detention; independence and impartiality of State Security Emergency Courts; right to appeal; death penalty — non‑implementation pending reforms.
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3 March 2011 |
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Complaint alleging unlawful evictions found inadmissible for failure to exhaust domestic remedies under Article 56.
Communal land disputes; forced evictions; admissibility under Article 56 – exhaustion of local remedies; administrative versus judicial remedies; prima facie Charter violations; procedural dismissal v. merits adjudication.
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3 March 2011 |
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Enforced disappearance found a continuing violation, but communication declared inadmissible for non-exhaustion and unreasonable delay.
Human rights — Enforced disappearance — Continuing violation doctrine — Ratione temporis competence — Exhaustion of domestic remedies (Article 56(5)) — Timeliness (Article 56(6)) — Admissibility of communications.
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3 March 2011 |
| November 2010 |
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A complaint alleging rights violations after a pipeline explosion was declared inadmissible for failure to exhaust local remedies.
African Charter on Human and Peoples’ Rights – Admissibility – exhaustion of local remedies – pipeline explosion – state obligations – exception to exhaustion of remedies – available and effective legal remedies – Article 56(5) of the Charter.
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24 November 2010 |
| May 2010 |
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The respondent's expulsion of the applicant without reasons violated fair hearing, expression, family and non‑discrimination rights.
African Commission — existence and jurisdiction; admissibility and exhaustion of domestic remedies; immigration law ouster clauses; right to fair hearing and judicial review (Article 7); right to receive information and freedom of expression — academic political speech (Article 9); expulsion of non-nationals and "in accordance with the law" (Article 12(4)); family rights and deportation (Article 18); non‑discrimination on political opinion (Article 2); State obligations under Article 1; remedies: compensation and law reform.
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26 May 2010 |
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The applicant's complaint alleging death-penalty violations was declared inadmissible due to an unreasonable eleven-year delay.
Admissibility — African Charter Article 56 — Article 56(6) reasonable time requirement — exhaustion of local remedies — death penalty (Article 4) — prima facie compatibility at admissibility stage.
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26 May 2010 |
| March 2010 |
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Commission reviews its merits decision, finds it infra petita and confirms violations of Articles 1 and 14 but not Article 2.
Competence to review merits decisions; infra petita (failure to decide on claims) and supplementation; Article 1 (state obligations), Article 14 (right to property) violations; Article 2 (non-discrimination) not established; Rule 109 impartiality presumption of regularity.
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3 March 2010 |
| November 2009 |
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The respondent breached Article 1 (obligation of result) and is liable for failing to prevent post‑electoral violence and providing remedies.
Human rights — State obligations under Article 1 of the African Charter — obligation of result vs. diligence — failure to prevent post‑electoral violence — violations of Articles 2, 4, 7 and 14 — undue delay of domestic remedies — right to effective remedy and compensation.
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25 November 2009 |
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Human rights and Fundamental freedoms – Economic, Social and Cultural Rights – access to land and rights to religious practice, to property, to culture, to the free disposition of natural resources, and to development
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25 November 2009 |
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The applicant’s communication was declared inadmissible for failure to exhaust domestic remedies and unreasonable delay.
Admissibility — Article 56 African Charter — exhaustion of domestic remedies; reasonable time-limit for submission; incompatibility/disparaging language; compatibility with Charter; jurisdictional availability of Constitutional Court.
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25 November 2009 |
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Whether invoking the cessation clause and repatriation procedures amounted to refoulement and Charter violations.
Refugee law — Cessation clause (1951) — Non‑refoulement — Exhaustion of domestic remedies — Exceptions for massive or impractical remedies — Admissibility and merits of alleged forced repatriation under African Charter.
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25 November 2009 |
| May 2009 |
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Commission finds multiple Charter violations against Anglophone regions, rejects secession, and urges dialogue and reforms.
Human and Peoples’ Rights — admissibility; jurisdiction ratione temporis for continuing effects of pre‑ratification acts; recognition of a group as a "people" under the African Charter; limits on secession; violations found — discrimination (language, OHADA), arbitrary detention, torture, unfair trials (military tribunals; lack of interpreters), suppression of assembly, economic marginalisation, and lack of judicial independence; remedies and dialogue recommended.
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27 May 2009 |
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Whether the Respondent State is responsible for systemic human rights violations in Darfur and failed to protect victims.
Human rights — Darfur conflict — forced evictions, killings, rape, torture and destruction of property — State responsibility and due diligence to protect against militia abuses — admissibility: large-scale violations excuse domestic exhaustion — remedies: independent investigation, prosecution, reparations, rehabilitation, reconciliation — violations of Articles 1, 4, 5, 6, 7(1), 12, 14, 16, 18(1), 22 of the African Charter.
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27 May 2009 |
| April 2009 |
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Compulsory state accreditation and criminalisation of falsehoods unjustifiably restrict journalists’ freedom of expression under Article 9.
Freedom of expression — Compulsory accreditation/licensing of journalists — Prior censorship and chilling effect — Criminalisation of false news — Article 9 African Charter — Domestic remedies and futility — Duty to align domestic law with international human rights standards.
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3 April 2009 |
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The State’s shutdown and seizure preventing the applicant’s publication violated freedom of expression, property and work rights.
Freedom of expression – prior registration/licensing of media; admissibility – exhaustion and unavailability of domestic remedies; equitable doctrine of clean hands in constitutional litigation; proportionality of state interference; protection of property and right to work.
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3 April 2009 |
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Deportation in defiance of court orders violated rights to fair hearing, expression, equality, and judicial independence.
Deportation; constructive exhaustion of domestic remedies; freedom of expression; non-nationals’ due process; presumption of innocence; equality before the law; judicial independence (Articles 1,2,3,7.1(a)(b),9,12.4,26).
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3 April 2009 |
| November 2008 |
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Communication alleging judicial harassment declared inadmissible for failure to exhaust domestic remedies and undue delay.
Admissibility – Article 56 – exhaustion of local remedies (availability, effectiveness, sufficiency) – undue delay – competence ratione materiae and personae – insufficiency of uncorroborated allegations of threats to excuse non-exhaustion.
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24 November 2008 |
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Military trials of civilians by unqualified military courts without appeal violate the right to a fair and impartial trial under the African Charter.
Fair trial – Military courts – civil jurisdiction – independence and impartiality of tribunals – right to appeal – exhaustion of local remedies – Articles 7 and 26 of the African Charter – State obligations to harmonise national law with international human rights commitments.
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24 November 2008 |
| July 2008 |
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Whether the respondent’s nationality‑based eligibility rules and blanket immunity violate non‑discrimination, political participation and remedy rights.
Constitutional law — eligibility for public office — nationality and parental‑origin requirements — discrimination; Political rights — right to stand for election and participate in government; Amnesty/immunity — blanket immunity, impunity and denial of effective remedy; Admissibility — exhaustion of domestic remedies where remedy is unavailable because reserved to executive/legislature.
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29 July 2008 |
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A communication on corruption and right to education was declared inadmissible for failure to exhaust local remedies.
Exhaustion of local remedies – Admissibility of communications – Socio-economic rights – Justiciability of African Charter rights in national courts – Prima facie violation of Charter – Effectiveness of domestic remedies – Requirement to exhaust local remedies before recourse to international tribunal.
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29 July 2008 |
| May 2008 |
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Commission finds mass, arbitrary expulsions and abusive detention violated multiple African Charter rights; remedies and safeguards recommended.
Human rights – Mass expulsions and deportation – Arbitrary arrest and detention – Inhuman/degrading treatment – Due process and access to courts – Prohibited mass expulsion – Non-discrimination and state obligations under Article 1.
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22 May 2008 |
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Whether a rural land law violated non-discrimination and property rights; Commission finds violation and orders remedies.
Human rights – Non-discrimination (Article 2) – Right to property (Article 14) – Admissibility and exhaustion of local remedies – Standing of NGOs – Effect of subsequent legislative amendment on past violations.
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22 May 2008 |
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Admissible complaint on delayed election petitions; Commission finds no proven violations of Charter rights by the State.
Admissibility — Article 56(5) exception for unduly prolonged domestic remedies; Fair trial — unreasonable delay in election petitions (Article 7(1)(d)); Political participation — effect of delayed electoral dispute resolution (Article 13(1)); Judicial independence — allegations of victimisation and separation of powers (Article 26); Equality and non‑discrimination (Articles 2 and 3); Standards for disparaging language and media‑based complaints (Article 56(3)–(4).
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22 May 2008 |
| November 2007 |
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A complaint was dismissed as inadmissible for failure to exhaust or justify non-exhaustion of local remedies under the African Charter.
African Charter on Human and Peoples’ Rights – admissibility – exhaustion of local remedies – sufficient evidence of threats or inability to return – burden of proof on complainant – communication inadmissible where domestic remedies not exhausted or exception not justified.
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28 November 2007 |
| May 2007 |
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The Commission found the respondent violated Charter rights by incommunicado detention, press ban, and denial of fair trial.
Human rights — Admissibility and exhaustion of domestic remedies — Incommunicado detention and ineffective remedies — Arbitrary and prolonged detention — Right to fair trial — Freedom of expression and ban on private press — No derogation from Charter in emergencies.
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30 May 2007 |
| November 2006 |
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A state's refusal to enforce a final court judgment violates the rights to equality, fair trial and property under the African Charter.
Human rights – African Charter on Human and Peoples’ Rights – right to equality before the law – right to fair trial – right to property – enforcement of court judgments – effectiveness of remedies – exhaustion of local remedies – state liability for non-execution of final judgments.
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29 November 2006 |
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Communication alleging amnesty law breached right to be heard dismissed for failure to exhaust domestic remedies.
Human rights — Admissibility — Amnesty law — Right to a hearing (Article 7(1)(a)) — Exhaustion of local remedies (Article 56(5)) — NGOs as authors of communications — Constitutional Council jurisdiction.
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29 November 2006 |
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Alleged retroactive criminalisation and fair-trial complaints dismissed for failure to exhaust domestic remedies.
Admissibility — Article 56 — Exhaustion of local remedies; Fair trial (Article 7) — alleged retroactive criminalisation and procedural irregularities; Judicial independence (Article 26); Provisional measures (Rule 111); Disparaging language (Article 56(3)).
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29 November 2006 |
| May 2006 |
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African Commission declares complaint inadmissible due to non-exhaustion of domestic remedies under Article 56(5) of the Charter.
Human rights – admissibility of communication – exhaustion of local remedies – adequacy and effectiveness of domestic remedies – criteria for dispensing with exhaustion requirement in cases of massive violations – provisional measures – admissibility dismissed as domestic remedies not exhausted.
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25 May 2006 |
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Communication alleging mass human rights abuses declared admissible due to unavailability of domestic remedies.
Human rights — Forced evictions and mass abuses in Darfur — Admissibility under Article 56 — Exception to exhaustion of local remedies where remedies unavailable, ineffective or insufficient — Article 56(7) settlement by UN bodies — Communication declared admissible.
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25 May 2006 |
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The Commission closed the file after the parties reached an amicable settlement concerning broadcast licensing and related rights.
Freedom of expression – licensing of private broadcasters – arbitrary administrative action – amicable settlement – discontinuance of proceedings – compensation and interim relief – articles 1, 2, 9, 14 African Charter.
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25 May 2006 |
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Clemency that forecloses judicial remedies breaches the respondent’s duty to protect rights and violates Articles 1 and 7(1).
Human rights — State responsibility for non‑State actors — due diligence to prevent, investigate and punish private abuses — admissibility and exhaustion of local remedies where amnesty forecloses redress — amnesty/clemency incompatible with effective judicial protection — violation of Articles 1 and 7(1) of the African Charter.
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25 May 2006 |
| May 2005 |
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Communication dismissed as inadmissible for failure to exhaust available local remedies.
Human rights – Admissibility – Exhaustion of local remedies – Undue delay – Right to equality and defence – Criminal procedure – African Charter Articles 55 and 56.
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11 May 2005 |
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Commission closed complaint for lack of interest after complainant failed to pursue or properly confirm its withdrawal.
Communications â Admissibility and procedure â failure by complainant to prosecute or to confirm withdrawal â Commission closes file for lack of interest; Article 55/56 African Charter.
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11 May 2005 |
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A complaint was declared inadmissible due to insulting language and failure to exhaust local legal remedies as per the African Charter.
African Charter on Human and Peoples' Rights – admissibility – Article 56(3) – use of disparaging or insulting language – Article 56(5) – exhaustion of local remedies – requirements for international complaints – lack of substantiation renders communication inadmissible.
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11 May 2005 |
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Commission noted allegations that Sharia penal laws violated rights to life, dignity, fair trial and non‑discrimination, then closed file after withdrawal.
Human rights – Sharia penal statutes – Alleged violations of right to life, dignity and fair trial (Articles 4,5,6); discrimination on religious grounds (Articles 2,26); provisional measures/urgent appeal; procedural handling and withdrawal of communication.
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11 May 2005 |
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The Commission held Swaziland’s abolition of constitutional democracy and associated restrictions violated core rights under the African Charter.
Human rights – African Charter – Prohibition of political parties – Judicial independence – Concentration of state power – Admissibility – Ongoing violations – Fair trial – Freedom of association and assembly – Political participation.
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11 May 2005 |
| December 2004 |
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State held responsible for discriminatory mass expulsions, inhuman treatment and violations of refugee protections following a presidential speech.
Refugee protection – State responsibility for incitement by a head of state – Mass expulsion and non‑discrimination – Prohibition of torture and inhuman treatment – Admissibility: exhaustion of local remedies exception.
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7 December 2004 |
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A claim challenging land privatisation by an indigenous group was held inadmissible for failure to exhaust local remedies.
Human rights – Admissibility – locus standi; exhaustion of local remedies; judicial independence; indigenous property rights; African Charter articles 7, 14, 21, 22
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7 December 2004 |