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Citation
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Judgment date
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| December 2004 |
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Communication dismissed for non-exhaustion of domestic remedies; judicial-bias apprehension alone does not excuse exhaustion.
Admissibility — Exhaustion of local remedies — Alleged lack of judicial independence — Pending domestic proceedings — Commission’s complementary jurisdiction
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7 December 2004 |
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State prohibition of cannabis for public interest did not violate the applicant’s religion, occupation, dignity, or cultural rights.
Freedom of religion — manifestation limits — sacramental cannabis use; occupational choice — professional fitness; cultural rights and dignity — proportionality of general prohibitions; subsidiarity and margin of appreciation — Commission oversight
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7 December 2004 |
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Dismissal for non-appearance without notice breached the applicant’s right to be heard under article 7(1)(a).
Human rights – Fair trial – Right to be heard (article 7(1)(a)) – Procedural dismissal for non-appearance – Application of domestic civil procedure – Access to remedies – Rights to property and family life
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7 December 2004 |
| June 2004 |
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Communication declared inadmissible for failure to exhaust local remedies after domestic trials and releases.
Human rights — Detention without charge — Access to counsel — Exhaustion of local remedies — Article 56(5) African Charter — Admissibility — National trial and release of detainees
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4 June 2004 |
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Complainant withdrew allegations that publicity and suspensions violated judicial independence and fair hearing; Commission closed the file.
Human rights — Judicial independence and security of tenure — Right to fair hearing — Admissibility under Article 56 (exhaustion of domestic remedies; reliance on media reports) — Provisional measures
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4 June 2004 |
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Communication alleging mass extra-judicial killings declared inadmissible for failure to exhaust domestic remedies.
Human rights — Allegations of mass extra‑judicial killings and forcible displacement; Admissibility — requirement to exhaust local remedies (Art.56(5)); "epidemiology" exception; procedural compliance with requests for submissions on admissibility
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4 June 2004 |
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Executive dissolution of an opposition party was disproportionate and violated the right to freedom of association under Article 10(1).
Political parties — Dissolution by executive decree — Admissibility: exhaustion of local remedies — Fair hearing before administrative supreme court — Freedom of expression and association — Necessity and proportionality of restrictions under Article 27(2) — Violation of Article 10(1)
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4 June 2004 |
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Whether undue delay in appellate proceedings violated the applicant’s right to be tried within a reasonable time.
Human rights – Right to a fair hearing – Article 7(1)(d) – Right to be tried within a reasonable time – Undue delay – Exhaustion of local remedies exception – Right to property (Article 14) – Non-substitution of national courts
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4 June 2004 |
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Dispossession by an unexplained donation violated the applicant's right to property under Article 14; restitution recommended.
Human rights — Property rights (Article 14) — Admissibility (exhaustion of local remedies) — Dispossession by unexplained donation — Residual effects of slavery — Recommendation for restitution; dissent on delay and procedural defects
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4 June 2004 |
| November 2003 |
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Misplaced burden of proof did not vitiate conviction; Commission found no violations of Articles 1, 4, 5 or 7(1) but urged moratorium on death penalty.
Human rights — Fair trial — Burden of proof and presumption of innocence — Misdirection vitiating conviction only if miscarriage of justice; Death penalty — Proportionality and extenuating circumstances; Clemency — discretionary executive power; Provisional measures — effect and proof of receipt
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20 November 2003 |
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Communication alleging arbitrary detention of journalists dismissed for failure to exhaust local remedies under Article 56(5).
Human rights — Arbitrary arrest and detention of journalists; liberty and due process (Arts. 6, 7(b), 7(d)) — Admissibility — Exhaustion of local remedies (Art. 56(5)) — Provisional measures request; habeas corpus; military tribunal concerns
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20 November 2003 |
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The Commission found unlawful incommunicado detention for political expression and urged immediate release and compensation.
Arbitrary and incommunicado detention; exhaustion of domestic remedies—availability, effectiveness, undue prolongation; right to liberty and security (Art.6); right to fair trial and recourse (Art.7(1)); freedom of expression restrictions (Art.9(2))
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20 November 2003 |
| May 2003 |
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Communication dismissed for failure to exhaust domestic remedies under Article 56(5) of the African Charter.
Admissibility – Exhaustion of local remedies – Article 56(5) African Charter – Failure to demonstrate domestic remedies pursued or abnormally prolonged – Non‑submission of admissibility materials – Allegations against military authorities (arbitrary detention, torture, threats, denial of service)
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29 May 2003 |
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The applicant withdrew the communication after a national acquittal; the Commission noted the withdrawal and closed the file.
Human rights — Fair trial and due process — Administrative/arbitrary detention; access to counsel; access to evidence; limited appellate remedies in special security courts — Freedom of expression and association — Communication withdrawn; file closed
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29 May 2003 |
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Whether a regional embargo endorsed by OAU/UN violates the African Charter or constitutes a lawful, proportionate measure under international law.
Regional sanctions – Lawfulness and proportionality of embargoes – OAU and UN Security Council endorsement – Article 56 admissibility – Alleged interference in domestic affairs – Protection of vulnerable populations during sanctions
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29 May 2003 |
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Commission found respondents violated non‑intervention, committed grave human rights abuses and illegally exploited the complainant's resources.
Inter‑State communication; use of force and non‑intervention; occupation; applicability of Geneva Conventions; grave human rights abuses (massacres, rape, forced transfers); illegal exploitation of natural resources; Article 20 (self‑determination), Article 21 (resources), Article 23 (peace and security); reparations and accountability
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29 May 2003 |
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Publicly administered judicial lashings for minor offences violate Article 5 and must be abolished; victims should be compensated.
Human rights – Prohibition of torture and cruel, inhuman or degrading punishment – Judicial corporal punishment (lashes) for minor 'public order' offences – Admissibility/exhaustion of local remedies – State obligation to amend law, abolish lashes, and compensate victims
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29 May 2003 |
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Communication alleging discriminatory dismissal declared inadmissible for failure to exhaust local remedies under Article 56(5).
Admissibility — Exhaustion of local remedies (Article 56(5) African Charter) — Practical availability of remedies — Exceptions where remedies are unduly prolonged or impracticable — Burden to prove inability to exhaust — Inadmissibility for non-exhaustion
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29 May 2003 |
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The applicant withdrew a communication alleging fair-trial and expression rights violations; the Commission closed the file.
Human rights — Alleged fair-trial and freedom of expression violations; admissibility procedure; effect of withdrawal of communication; African Commission closing file
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29 May 2003 |
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The Commission suspended consideration of mass expulsion and human rights violation complaints pending determination by the Claims Commission.
African Charter – admissibility of communications – mass deportations, arbitrary detention, torture and property expropriation – exhaustion of local remedies – prior international remedy (Claims Commission) – Article 56(7) – suspension sine die pending outcome of alternative proceedings.
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29 May 2003 |
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Arbitrary detention, torture, denial of counsel and trial by military court violated Articles 5, 6 and 7 of the African Charter.
Human rights — arbitrary arrest and detention — torture and inhuman treatment — right to fair trial — right to counsel of choice — civilians tried by military courts — presumption of innocence — Articles 5, 6 and 7(1) African Charter
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29 May 2003 |
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State threats, arrests and travel prohibition of a human rights advocate violated rights to liberty, expression, assembly, association and movement.
Human rights defenders; freedom of expression; freedom of association and assembly; freedom of movement; right to personal liberty (Article 6); exhaustion of domestic remedies; National Security Act 1994; availability and effectiveness of remedies; proportionality and necessity of restrictions; State obligations under the African Charter
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29 May 2003 |
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Communication inadmissible for failure to exhaust available domestic remedies against an administrative ban on a demonstration.
Freedom of assembly; admissibility — exhaustion of local remedies under Article 56(5); administrative bans challengeable by hierarchical appeal and Conseil d'Etat; undue delay exception must be substantiated
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29 May 2003 |
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The Commission found The Gambia’s Lunatics Detention Act discriminatory, undignified, and lacking procedural and health safeguards for mental patients.
Mental health law — discrimination on grounds of disability; dignity and prohibition of degrading treatment; lack of review and legal representation; denial of voting rights; inadequate health care; ineffective domestic remedies for vulnerable detainees
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29 May 2003 |
| May 2002 |
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Complainant withdrew allegations of arbitrary arrest and ill-treatment; Commission noted withdrawal and closed the file.
Human rights — Allegations of arbitrary arrest, torture/ill-treatment and incommunicado detention; admissibility — exhaustion of local remedies; procedural handling — withdrawal of communication and closure of file
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16 May 2002 |
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Communication declared inadmissible for failure to exhaust domestic remedies despite alleged risk of deportation and harm.
Admissibility — Exhaustion of domestic remedies (Article 56(5)) — premature referral while domestic proceedings pending — urgent appeals where irreparable harm alleged — deportation and risk of torture (non-refoulement) not reached on merits
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16 May 2002 |
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The applicant’s communication was declared inadmissible for failure to exhaust available domestic remedies under Article 56(5).
Admissibility — exhaustion of local remedies — Article 56(5) African Charter — effectiveness and independence of domestic remedies — abnormally prolonged procedures — alleged university closure and related rights violations (Arts. 6, 7(c), 17(1))
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16 May 2002 |
| October 2001 |
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Admissibility deferred pending further evidence on alleged arbitrary arrest, torture, incommunicado detention and exhaustion of local remedies.
Human rights – Arbitrary arrest and detention – Incommunicado detention and alleged torture – Freedom of association and expression – Exhaustion of local remedies – Admissibility deferred pending further evidence
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27 October 2001 |
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Whether the respondent state's oil-related conduct and security operations violated rights to environment, health, life, property and resources.
Environmental and economic rights – State obligations to respect, protect and fulfill – Corporate complicity in resource exploitation – Forced evictions and destruction of livelihood – Right to health, life, property and satisfactory environment – Admissibility where domestic remedies are ineffective
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27 October 2001 |
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The State's complicity in oil exploitation leading to environmental, health, and housing rights abuses violated the African Charter.
Human rights – environmental law – social and economic rights – government obligations under the African Charter – State responsibility for private actor abuses – right to a satisfactory environment – right to health – right to shelter/housing – right to food – right to participation – forced evictions – oil exploitation.
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27 October 2001 |
| May 2001 |
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Communication declared inadmissible for failure to exhaust available Gambian domestic remedies and lack of notice to the State.
Admissibility — Exhaustion of local remedies under Article 56(5) — State responsibility for private actors — Exceptions to exhaustion (minorhood, indigence, repatriation, residence abroad) — Distinguishing precedents where domestic remedies unavailable or ineffective
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7 May 2001 |
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Military tribunal trials denied counsel of choice and appellate review, violating Article 7 fair-trial rights.
Human rights – Fair trial – Military tribunals – Right to counsel of choice – Right of appeal – Publicity of hearings – Non-derogable Article 7 protections – State responsibility despite change of government
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7 May 2001 |
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A constitutional parental‑descent test for presidential candidates violates equality and political participation rights under the African Charter.
Human rights – Non‑discrimination and equality – Political participation – Presidential eligibility conditioned on parental descent – Compatibility of domestic constitutional measures with the African Charter – Article 19 inapplicable
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7 May 2001 |
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The Commission found violations for denial of justice, failures to investigate killings and disappearances, and unlawful restriction of freedom of movement.
Human rights – Forced disappearances and assassinations – State duty to investigate and prosecute – Equality before the law and reasonable time for trial – Selective amnesty and denial of justice – Excessive use of force against demonstrators – Freedom of movement (Article 12(2))
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7 May 2001 |
| November 2000 |
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Refusing adjournment and legal assistance violated the accused’s right to defence under Article 7(1)(c) of the African Charter.
Human rights – Fair trial – Right to defence and legal assistance – Obligation to ensure counsel or adjourn when counsel absent – Article 7(1)(c) African Charter – Death penalty – Admissibility and exhaustion of domestic remedies
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6 November 2000 |
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Military trials without appeal and ensuing executions violated the rights to appeal and to life under the Charter.
["Human rights - Military courts - fair trial standards - right to appeal (Article 7(1)(a))","Right to life - arbitrary deprivation - death penalty following unfair trial (Article 4)","Admissibility - execution foreclosing domestic remedies","State non-cooperation and subsequent legislative amendment"]
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6 November 2000 |
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Warrantless raids, arbitrary detention without charge and ouster of judicial review breached multiple Charter rights by the respondent.
Human rights — arbitrary detention; cruel, inhuman or degrading treatment; denial of fair trial and judicial remedies; freedom of expression and association; unlawful searches and seizure; freedom of movement
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6 November 2000 |
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Whether arrest, secret military trial and incommunicado detention of a journalist violated fair trial, expression and dignity rights.
Human rights law – Arbitrary arrest and incommunicado detention; Fair trial – civilians tried by military tribunals; Right to counsel and public hearing; Presumption of innocence; Freedom of expression – journalists; Prohibition of cruel, inhuman or degrading treatment; State responsibility for prior regime laws
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6 November 2000 |
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State violated multiple Charter rights by deporting a rightful citizen; Commission ordered recognition as citizen by descent and compensation.
Nationality by descent – acquisition at independence – deportation and statelessness; Citizenship by registration v. citizenship by descent; Violations of dignity, freedom of movement, family life, property and political participation under Articles 3(2), 5, 12, 13, 14, 18 of the African Charter; Admissibility where local remedies unduly prolonged/obstructed; Remedies: recognition and compensation
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6 November 2000 |
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Constructive exhaustion admissible; respondent violated rights to liberty, dignity, expression, association and movement.
Admissibility — constructive exhaustion; Arbitrary detention — Article 6; Inhuman or degrading treatment — Article 5; Freedom of expression — Article 9; Freedom of association — Article 10; Freedom of movement — Article 12
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6 November 2000 |
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Communication alleging arbitrary arrest, torture and extortion declared inadmissible for failure to exhaust local remedies.
Admissibility — Exhaustion of local remedies (Article 56(5)) — Allegations of arbitrary arrest, detention, torture and extortion — State failure to respond to Commission requests
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6 November 2000 |
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Communication alleging trade-union rights violations dismissed for failure to exhaust domestic remedies under Article 56(5).
Human rights – Trade union freedoms and assembly – Arbitrary arrest and detention – Right of access to counsel – Fair trial – Exhaustion of domestic remedies – Admissibility under Article 56(5) African Charter
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6 November 2000 |
| May 2000 |
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Communication alleging detention dismissed as inadmissible for failure to exhaust local remedies under Article 56(5).
Admissibility — Exhaustion of local remedies — Article 56(5) African Charter — Alleged arbitrary detention — Exception for undue prolongation not established
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11 May 2000 |
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Commission finds arbitrary arrest, threats to life, and violations of equality, liberty and association; exhaustion of remedies waived.
Human rights — admissibility and exhaustion — Decree No.2/1984 ouster clause — arbitrary arrest and detention — right to life and integrity — right to liberty and security — freedom of association — allegations of torture unsubstantiated; uncontested facts treated as established
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11 May 2000 |
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The Commission closed a human‑rights communication after verification that the parties had reached an amicable settlement.
Human rights violations – allegations of summary executions, rape, torture, forced displacement and arbitrary detention – admissibility and exhaustion of local remedies (Art.56(5)) – amicable settlement – closure of communication – Rule 109 protection
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11 May 2000 |
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Communication inadmissible for failure to exhaust domestic remedies; return to State was political, not judicial, redress.
Human rights – Expulsion – Admissibility – Exhaustion of local remedies (Article 56(5)-(6)) – Availability of domestic remedies – Political act versus judicial redress – Inadmissibility for non-exhaustion
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11 May 2000 |
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Communication alleging unlawful arrests and ill‑treatment declared inadmissible for failure to exhaust domestic remedies.
Admissibility — Exhaustion of local remedies (Article 56(5)) — Failure to provide required information — Allegations of unlawful arrest, warrantless search, ill‑treatment and charges under anti‑terror provisions — Communication declared inadmissible
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11 May 2000 |
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Whether decrees after a military coup suspending rights and ousting courts violated the African Charter.
Admissibility — media reports not dispositive; exhaustion of local remedies unnecessary where decrees oust courts or remedies are unavailable; arbitrary detention and denial of fair trial via detention decrees; retroactive criminal legislation violates non-retroactivity; breaches of freedoms of expression, association, assembly, movement and political participation; coup violates self-determination; State duty to recognise Charter; judicial independence breached
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11 May 2000 |
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Communication declared inadmissible for failure to exhaust available domestic remedies; deported victim could have sought redress via counsel.
Human rights — admissibility — exhaustion of local remedies under Article 56(5) — deported victim may pursue domestic remedies via counsel — NGO complaint inadmissible for failure to exhaust remedies
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11 May 2000 |
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Commission found Mauritania responsible for grave rights violations—torture, arbitrary detention, executions, expulsions, discrimination—and ordered remedies.
Human rights — mass arbitrary arrests, torture and cruel treatment, extrajudicial executions, expulsions and property confiscation; discrimination against Black Mauritanians and practices analogous to slavery; violations of articles 2,4,5,6,7,9,10,11,12,14,16,18,26; admissibility despite amnesty; duty to investigate and provide reparations
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11 May 2000 |