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Citation
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Judgment date
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| December 2025 |
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Court confirms jurisdiction to monitor compliance and orders immediate implementation of unpaid reparations and land, consultation, recognition and reporting measures.
Compliance hearing — Jurisdiction to monitor and order implementation of Court judgments — Non‑compliance with reparations: unpaid pecuniary awards, failure to delimit/demarcate/title ancestral lands and grant collective title, inadequate consultation and recognition of indigenous status, fund and publication orders not complied with — Provisional measures refused.
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4 December 2025 |
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Court finds fair-trial violation due to lack of an operational Constitutional Court; orders TND1,000 and immediate operationalisation.
Jurisdiction; exhaustion of local remedies; admissibility partial (divorce and constitutionality challenge admissible; adultery and forensic complaint inadmissible); right to terminate marriage; fair trial—absence of Constitutional Court bars constitutional challenge; reparations—small moral award; order to operationalise Constitutional Court and publish judgment.
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4 December 2025 |
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Applicant failed to prove extreme gravity, urgency or irreparable harm; provisional measures to stay costs enforcement dismissed.
Provisional measures — requirements: extreme gravity, urgency and irreparable harm — cumulative standard; Prima facie jurisdiction of the Court; Mootness of requests where domestic assessment complete; Stay of enforcement of costs in public-interest litigation; Burden of proof and evidentiary threshold for provisional measures.
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4 December 2025 |
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Court exercised its discretion to reopen pleadings and accept the State’s late response in a death-penalty matter.
Procedure — Reopening pleadings — Rule 46(3) Rules of Court; inherent powers — Rule 90 — discretion to accept late filings; death-penalty proceedings; protection of persons with albinism; recusal of a Judge; withdrawal of Article 34(6) Declaration not affecting pending cases.
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2 December 2025 |
| October 2025 |
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Application struck out for failure to pursue proceedings and inability to locate the applicant; restoration permitted on good cause.
Striking out – Rule 65 – failure to pursue proceedings – applicant unlocatable despite legal aid – presidential pardon and release – restoration possible on good cause.
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9 October 2025 |
| September 2025 |
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Court reopens pleadings to consider respondent’s post-pleadings submission on newly enacted electoral legislation.
Procedure — Reopening of pleadings — Rule 46(3) and 46(4) — Inherent power under Rule 90 — Admission of post-pleadings submissions concerning subsequent domestic legislation — Act No. 2 of 2024 (Independent National Electoral Commission).
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15 September 2025 |
| August 2025 |
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Court reopened pleadings to permit respondent additional evidence and denied applicants' request for an extraordinary-session decision.
Elections — Alleged electoral rights violations — Reopening pleadings — Rule 46(3) discretion — Rule 90 inherent powers — Admission of additional evidence and submissions — Request for extraordinary-session decision denied — Procedural timetable ordered.
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5 August 2025 |
| June 2025 |
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Court confirms jurisdiction and admissibility of inter‑State human‑rights claim alleging extraterritorial violations in armed conflict.
Inter‑State proceedings — Jurisdiction under Article 3(1) Protocol — “Cases and disputes” interpreted purposively — Material jurisdiction established where alleged violations fall under the African Charter and other ratified human‑rights treaties — Territorial/extraterritorial jurisdiction in armed conflict where State is involved — Applicability of non‑treaty instruments (UN Charter, AU Constitutive Act, Great Lakes Pact) — Preliminary regional/non‑judicial procedures not a bar to Court jurisdiction — Abuse of process and parallel proceedings — Non‑exclusivity of mass‑media evidence — Flexibility of exhaustion of local remedies in mass/serious violations.
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26 June 2025 |
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Default judgment: removal from voters’ register based on a final conviction did not breach protected Charter rights.
Electoral law — Disqualification from voters’ register based on conviction in absentia — Certificate of non-opposition — Presumption of innocence — Equality before the law — Right to participate in government — Admissibility and default judgment.
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26 June 2025 |
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Mandatory death penalty and hanging violate the rights to life and human dignity; assessors’ conduct did not breach impartiality.
Human rights – Criminal procedure – Jurisdiction of the African Court to review national criminal proceedings for Charter compliance – Admissibility – Exhaustion and reasonable time – Fair trial: assessors’ impartiality – Equality before the law – Death penalty: mandatory sentencing violates right to life – Hanging as method of execution breaches human dignity and amounts to cruel, inhuman or degrading treatment – Reparations and remedies (repeal of mandatory death penalty; removal of hanging; resentencing).
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26 June 2025 |
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Application held inadmissible for failure to exhaust local remedies despite Court rendering judgment in default.
African Court jurisdiction — personal, material, temporal and territorial jurisdiction; default judgment under Rule 63(1); admissibility — exhaustion of local remedies and exceptions (unavailability/ineffectiveness/undue delay) under Article 56 and Rule 50(2); costs — each party bears its own costs.
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26 June 2025 |
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Failure to deliver two appellate judgments in open court violated the applicant’s fair trial right; property claim dismissed.
Jurisdiction – material jurisdiction to examine alleged Charter violations; Admissibility – exhaustion of local remedies and timeliness; Sovereignty and judicial independence – not a bar to Court oversight; Fair trial – requirement that judgments be delivered in open court; Property – no violation where ownership not established; Reparations – moral damages, publication and reporting ordered.
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26 June 2025 |
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Mandatory death penalty and hanging violate rights; respondent violated applicant’s dignity and fair trial rights.
Human rights — Fair trial — Right to effective legal assistance; Right to be tried within reasonable time — Due diligence; Prohibition of torture and cruel, inhuman or degrading treatment — Police brutality and failure to investigate; Right to life — Mandatory death penalty unconstitutional; Method of execution (hanging) — violates dignity; Reparations — moral damages, legislative reform, rehearing, publication and reporting obligations.
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26 June 2025 |
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Request to suspend prosecutorial summons and travel ban dismissed for lack of urgency and proof of irreparable harm.
Provisional measures – Prima facie jurisdiction – Extreme gravity and urgency – Irreparable harm – Delay defeats urgency – Suspension of prosecutorial summons/travel ban.
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26 June 2025 |
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Application dismissed as inadmissible for failure to exhaust domestic remedies despite Court's jurisdiction.
Human rights; admissibility; exhaustion of local remedies; default judgment; jurisdiction; provisional measures; criminal proceedings; withdrawal of Article 34(6) Declaration.
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26 June 2025 |
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Challenge to alleged discriminatory police promotions dismissed; no violation of equality or right to be heard.
Administrative law; equality before the law; non-discrimination; burden of proof in discrimination claims; judicial review and evolution of jurisprudence; right to have one’s cause heard; procedural service and appeal time-limits; promotions in the civil service.
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26 June 2025 |
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Court dismissed provisional measures as they would prejudge the merits despite prima facie jurisdiction.
Provisional measures – prima facie jurisdiction – requirements of extreme gravity, urgency and irreparable harm – provisional measures must not prejudice merits – recognition by States within regional organisations (WAEMU) – limits on Court ordering measures affecting third State conduct.
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26 June 2025 |
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Application inadmissible for failure to exhaust available domestic remedies challenging an amnesty law and post‑election killings.
Jurisdiction — Material jurisdiction to assess domestic laws and judicial acts for compliance with the African Charter; Admissibility — requirement to exhaust available and effective local remedies (Constitutional Court) before seising the African Court; Abuse of process and standing — multiple filings and anonymity not per se abusive; Remedies — Court may order repeal of law as reparation where violation established.
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26 June 2025 |
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Application challenging ban on official documents declared inadmissible for failure to exhaust local remedies.
Administrative law — Inter-ministerial order banning issuance of official documents to persons wanted by courts — Admissibility — Exhaustion of local remedies — Availability and effectiveness of Constitutional Court — Allegations of persecution and judicial lack of independence — Timing of domestic decisions.
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26 June 2025 |
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Whether the Court has jurisdiction given Article 34(6) declarations and NGO observer status; striking non-jurisdictional respondents.
Jurisdiction – Article 34(6) declaration – Article 5(3) admissibility – NGO observer status before the African Commission – Rule 90 inherent powers – striking out non-jurisdictional respondents – renaming application and service.
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17 June 2025 |
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The Court exercised its discretion to reopen pleadings and deemed the respondent's late Response duly filed, allowing a 30-day reply.
Procedure – Reopening of pleadings – Extension of time – Rule 46(3) and inherent powers under Rule 90 – Late Response deemed duly filed – Service and right to reply.
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2 June 2025 |
| May 2025 |
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Court reopened pleadings, ordering the State to respond within seven days to alleged disenfranchisement of prisoners and diaspora voters.
Procedure — Reopening pleadings — Court’s discretion under Rule 46(3) and inherent powers (Rule 90) — Interest of justice in electoral rights cases; Electoral rights — Alleged disenfranchisement of prisoners, death‑sentenced persons and diaspora citizens.
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20 May 2025 |
| February 2025 |
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Whether the Court should reopen pleadings and admit amici curiae in a complex electoral-rights application.
Procedural law – Reopening pleadings under Rule 46(3) – Inherent power of the Court (Rule 90) – Admission of amici curiae – Electoral rights – 2020 national elections (Tanzania).
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28 February 2025 |
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The Court dismissed a public-interest challenge because the AU and AUC are not State Parties to the Protocol, depriving it of jurisdiction.
Jurisdiction — Court’s competence over non-State entities — African Union and African Union Commission not State Parties to the Protocol — application dismissed; Preliminary examination (Rule 49(1)) — applications under Article 5 must be against State Parties; Alleged participatory rights violations (Article 13 ACHPR; Article 25 ICCPR) raised but not adjudicated.
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12 February 2025 |
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Court found a violation for failure to provide free legal aid but upheld the conviction; awarded moral damages and ordered legal aid reform.
Human rights—Fair trial—Right to defence and free legal aid—Automatic legal assistance for indigent persons charged with serious offences; assessment of domestic courts’ evidentiary findings—margin of appreciation; reparations—moral damages; legislative reform of Legal Aid Act 2017 required.
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5 February 2025 |
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Application alleging fair‑trial violations dismissed as inadmissible for failure to exhaust domestic cassation remedy.
Human rights — Fair trial (Article 7 African Charter; ICCPR Article 15) — Admissibility — Exhaustion of local remedies — Cassation appeal in Côte d’Ivoire — Lack of counsel/ignorance not excusing non‑exhaustion.
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5 February 2025 |
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Application dismissed as inadmissible for failure to exhaust domestic remedies despite Court's jurisdiction.
Jurisdiction – Material, personal, temporal and territorial jurisdiction; Admissibility – Exhaustion of local remedies under Article 56(5) and Rule 50(2)(e); Domestic remedies available under Tunisian Code of Criminal Procedure (Arts. 36, 206); Undue delay not established.
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5 February 2025 |
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Whether the respondent failed to protect persons with albinism, resulting in multiple human rights violations.
Human rights of persons with albinism — jurisdiction and admissibility of NGOs’ public interest application — State duty to prevent, investigate and prosecute attacks — discrimination, right to life, dignity, freedom from torture, children’s rights, education and health — reparations and structural remedies.
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5 February 2025 |
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Court finds mandatory death penalty and hanging violate right to life and dignity; orders annulment, new sentencing, repeal and damages.
Human rights — Jurisdiction and admissibility — Temporal and material jurisdiction; exhaustion of local remedies; reasonable time — Criminal law — Mandatory death penalty — Violation of right to life; hanging as method of execution — Violation of dignity — Remedies: annulment of mandatory sentence, new sentencing hearing, repeal of mandatory death-penalty provision, abolition of hanging, moral damages, publication and implementation reporting.
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5 February 2025 |
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Application declared inadmissible for failure to exhaust domestic remedies; Court rendered judgment by default.
Human rights — Admissibility — Exhaustion of local remedies — First‑instance in limine litis decision does not necessarily preclude appeal — Default judgment — Rule 63; Jurisdiction — Declaration under Article 34(6) — Withdrawal non‑retroactive.
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5 February 2025 |
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Court finds jurisdiction but declares the application inadmissible for failure to exhaust effective domestic remedies.
Jurisdiction — material jurisdiction over alleged human rights violations arising from contractual disputes and acts by State agents; limits of appellate review — Court may assess compliance of national proceedings with Charter standards; Admissibility — exhaustion of local remedies; undue prolongation; availability and effectiveness of Constitutional Court; inadmissibility where no domestic proceedings initiated.
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5 February 2025 |
| November 2024 |
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Court reopened pleadings and granted the respondent 30 days to file its Response, exercising discretion under Rules 46(3) and 90.
Procedure – Reopening pleadings; Extension of time – Rule 46(3) and Rule 90 (inherent powers) – Respondent’s restructuring and evidence collection as grounds for extension – Effect of withdrawal of Article 34(6) Declaration on pending cases.
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29 November 2024 |
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Applicants failed to prove extreme gravity, urgency and irreparable harm; provisional measures suspending dismissals were dismissed.
Provisional measures — Article 27(2) Protocol — prima facie jurisdiction — requirements of extreme gravity, urgency and irreparable harm — burden of proof and causal link — effect of pending domestic remedies — suspension of disciplinary decisions and presidential decrees.
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20 November 2024 |
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Court found no unfair-trial violation but held mandatory death penalty and hanging breached rights to life and dignity.
Criminal procedure – Fair trial and evaluation of evidence – Article 7; Death penalty – Mandatory sentence violates Article 4 (right to life); Method of execution (hanging) breaches Article 5 (dignity); Jurisdiction and admissibility despite State’s later withdrawal of Article 34(6) Declaration.
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13 November 2024 |
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Applicant’s multiple fair‑trial complaints dismissed; Court affirms jurisdiction and admissibility and proceeds in default, awarding no reparations.
Human rights — Fair trial (Article 7) — Right to be heard, presumption of innocence, right to challenge evidence, lawfulness of added charges, reasoned judgments — Default proceedings for non‑responding State; jurisdiction and admissibility affirmed.
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13 November 2024 |
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Application alleging denial of electoral participation declared inadmissible for failure to exhaust local remedies.
Human rights — Electoral rights — Right to participate in elections — Admissibility — Exhaustion of local remedies — Procedural correctness before Constitutional Council — Default proceedings against State for failure to respond.
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13 November 2024 |
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Applicant’s challenge to patrilineal surname rule rendered moot after law amended to grant equal parental surname choice.
Human rights — Equality between men and women; Family law — Surname transmission; Jurisdiction — Court's material, personal, temporal and territorial competence; Admissibility — exhaustion of local remedies and timeliness; Mootness — legislative amendment rendering claim academic; Relevant instruments: African Charter, Maputo Protocol, ICCPR, CEDAW.
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13 November 2024 |
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Default judgment: mandatory death sentence violates right to life and hanging breaches dignity; remedies include damages and legal reform.
Criminal law – recent possession doctrine – fair trial review; Human rights – mandatory death penalty violates right to life (Article 4); Methods of execution – hanging breaches dignity and bans cruel, inhuman or degrading treatment (Article 5); Reparations – moral damages and legal reform orders; Default proceedings against State for failure to respond.
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13 November 2024 |
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Whether the mandatory death penalty and hanging violate the Charter’s rights to life and dignity.
Jurisdiction – material jurisdiction to review conformity of domestic criminal proceedings with the African Charter; Admissibility – exhaustion of local remedies and reasonable time; Right to life – mandatory death penalty violates Article 4; Right to dignity – hanging as execution method violates Article 5; Fair trial – sufficiency and admissibility of circumstantial and DNA evidence; Remedies – moral damages, vacatur of mandatory sentence, legislative reform and re-sentencing.
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13 November 2024 |
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Application declared inadmissible for failure to exhaust domestic remedies; lack of counsel or ignorance not excused.
Human rights — Fair trial rights (right to appeal, right to defence, reasoned judgment) — Admissibility — Exhaustion of local remedies — Appeal to Cour de cassation required in Côte d’Ivoire — Lack of counsel or ignorance not a valid exception — Jurisdiction — Withdrawal of Article 34(6) Declaration has no retroactive effect.
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13 November 2024 |
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Court found no violation of the rights to be heard, equal protection, or dignity; reparations dismissed.
Criminal procedure — Right to have one’s cause heard (Article 7(1)) — Evaluation of witness and corroboration — Single‑witness conviction caution — Burden of proof for human rights violations — Admissibility: exhaustion of local remedies and reasonable time — No established violation of dignity (Article 5) or equal protection (Article 3(2)).
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13 November 2024 |
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Applicant’s torture and unfair-trial claims dismissed; Court found mandatory death sentence and hanging violated rights, ordered repeal and reparatory measures.
Human rights — jurisdiction — admissibility — exhaustion of local remedies — timeliness of application by incarcerated applicant — torture allegations — admissibility and probative assessment of confession — mandatory death penalty arbitrary and violates right to life — hanging violates dignity — reparations and legislative remedies.
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13 November 2024 |
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Whether executive measures undermined judicial and legislative independence, and if constitution adoption without referendum violated self-determination.
Human rights — Article 20 (self-determination) — Constitution adopted by elected Constituent Assembly — referendum not mandatory; Article 26 — judicial independence — dissolution of High Judicial Council and executive interference; Separation of powers — suspension/dissolution of legislature and assumption of legislative power; Admissibility — exhaustion of domestic remedies unavailable; Reparations — operationalise Constitutional Court, repeal decree-law, reinstate High Judicial Council.
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13 November 2024 |
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Court adjourned compliance hearing, granted respondent 90 days to file implementation report, and reserved costs.
Procedure — Adjournment of compliance hearing — Rule 54(6) and Rule 90 — Respondent granted 90 days to file implementation report — Alleged ongoing evictions to be determined at future hearing — Costs reserved.
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12 November 2024 |
| October 2024 |
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Whether detention should be suspended as a provisional measure to allow urgent medical care where alleged torture risks irreparable harm.
Human rights — Provisional measures — Prima facie jurisdiction under Protocol — Urgency, extreme gravity and irreparable harm — Suspension of detention to enable urgent specialised medical care — Allegations of torture and right to health.
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29 October 2024 |
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Court exercised discretion to reopen pleadings and accept a late response in a death-row fair-trial and equality application.
Procedure — Reopening pleadings — Court’s discretion under Rule 46(3) and inherent powers under Rule 90 — Pleadings filed out of time (Rule 45(1)) — Default and filing in absence (Rule 63) — Provisional measures; death-penalty fair-trial and equality claims.
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28 October 2024 |
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Application dismissed for lack of personal jurisdiction because the State had not accepted individual access under Article 34(6).
African Court jurisdiction — personal jurisdiction; Article 34(6) Declaration; individual access to Court; preliminary jurisdictional examination (Rule 49(1)); new application vs. previously decided application; Ogiek land eviction claims.
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16 October 2024 |
| September 2024 |
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Failure to exhaust domestic remedies rendered application alleging unlawful pre-trial detention inadmissible despite Court's jurisdiction.
Human rights – Pre-trial detention – Alleged violations of liberty, fair trial and freedom of expression – Jurisdiction despite sovereignty objection – Admissibility: failure to exhaust local remedies (pending cassation) – Provisional measures declined – Costs: each party bears own costs.
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3 September 2024 |
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Court finds multiple fair‑trial and human‑dignity violations, orders vacatur of mandatory death sentences, legislative reform and moral damages.
Human rights — Fair trial: consular assistance (VCCR Art 36), interpretation (ICC PR Art 14(3)(a)), reasonable time to trial; Torture and inhuman treatment: police brutality, duty to investigate; Death penalty: mandatory sentences violate right to life; death‑row phenomenon and method of execution (hanging) violate dignity; Reparations and legislative and remedial measures.
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3 September 2024 |
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Application dismissed as inadmissible for failure to exhaust an available cassation appeal; Court confirmed jurisdiction.
Admissibility — Exhaustion of local remedies — cassation appeal in Burkina Faso is an available, effective and satisfactory remedy — failure to await outcome renders application inadmissible; Jurisdiction — Article 34(6) declaration — temporal, territorial and material jurisdiction established.
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3 September 2024 |