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Citation
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Judgment date
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| October 2025 |
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Application struck out for failure to pursue proceedings; restoration possible on showing good cause.
* Procedural law – Striking out applications – Rule 65(1)(b) and (c) of the Rules of Court – failure to pursue proceedings; * Duty of diligence by applicants and counsel; * Restoration possible on showing good cause under Rule 65(3).
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9 October 2025 |
| September 2025 |
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Court reopened pleadings and admitted respondent’s post-pleadings submission to consider recently enacted electoral legislation.
Procedure – Reopening pleadings – Rule 46(3) and 46(4) of the Rules of Court – Rule 90 and inherent powers – Admission of post-pleading submissions – Consideration of subsequently enacted domestic legislation – Interests of justice.
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15 September 2025 |
| August 2025 |
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Court exercised its discretion to reopen pleadings to allow the State to file additional election-related submissions and evidence.
• Procedural law – Reopening pleadings – Court’s discretion under Rule 46(3) and inherent powers under Rule 90 – Interest of justice in electoral cases.
• Evidence – Admission of additional evidence arising from subsequent legislation affecting elections.
• Case management – Timetable for additional submissions and replies prior to deliberation.
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5 August 2025 |
| June 2025 |
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Court has jurisdiction and declares inter-state application admissible; extraterritorial involvement in armed conflict suffices.
• International human-rights jurisdiction – material jurisdiction not dependent on proof of a pre-existing ICJ-style dispute under Article 3(1) of the Protocol.
• Territorial/extraterritorial jurisdiction – human-rights protection extends to acts outside State territory where the State is involved in armed conflict; internationalization of a non-international conflict by foreign troops or control.
• Admissibility – preliminary regional dispute-settlement procedures in other instruments do not bar access to the Court; abuse of process requires manifest bad faith; media-sourced material permissible if not sole basis; exhaustion of domestic remedies may be waived for systemic, massive violations.
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26 June 2025 |
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Removal from voters’ register based on an unopposed/default conviction did not breach participation or presumption of innocence rights.
Electoral law – Removal from voters’ register based on final/default criminal conviction; Presumption of innocence; Right to participate in government; Admissibility and jurisdiction; Burden of proof.
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26 June 2025 |
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Mandatory death sentences and hanging violate rights to life and dignity; Court orders revocation, reform and resentencing.
• Jurisdiction – African Court may examine national criminal proceedings for compliance with the Charter and grant reparative measures.
• Admissibility – exhaustion of local remedies and filing within reasonable time (including where review of apex decision was pursued).
• Fair Trial – assessors’ role and impartiality; assessor questions versus cross‑examination.
• Equality – burden on applicant to prove discrimination; absence of proven unequal treatment.
• Death Penalty – mandatory imposition arbitrary and violates right to life.
• Method of Execution – hanging is inherently degrading and violates dignity; prohibition of cruel, inhuman or degrading punishment.
• Remedies – revocation of death sentence pending resentencing; legislative reform; removal of hanging; publication and reporting obligations.
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26 June 2025 |
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Application declared inadmissible for failure to exhaust local remedies; Court retained jurisdiction and rendered default ruling.
* Human rights procedure – Admissibility – Exhaustion of local remedies – Applicant must show remedies unavailable, ineffective or unduly prolonged.
* Default proceedings – Rule 63(1) – Judgment in default where State is duly served and fails to respond.
* Jurisdiction – Withdrawal of Article 34(6) Declaration not retroactive; Court retains jurisdiction over pending matters.
* Access to courts – ‘Prohibited Immigrant’ status insufficiently proven to excuse failure to exhaust domestic remedies.
* Costs – Each party to bear its own costs.
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26 June 2025 |
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Court found fair-trial violation for judgments not delivered in open court; no property-rights violation; awarded TND 600.
Fair trial – Delivery of judgments in open court; Auction/procedural law – national courts’ interpretation of re-auction rules; Jurisdiction and admissibility; Reparations – moral damages, publication and reporting orders.
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26 June 2025 |
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Court found police brutality, unfair legal representation, unreasonable trial delay, and mandatory hanging breached Charter rights.
* Human rights jurisdiction – material, personal, temporal and territorial jurisdiction of the Court.
* Admissibility – exhaustion of local remedies and reasonable time for seizure where applicant is on death row.
* Criminal procedure – police brutality; duty of judicial officers to investigate detainee injuries; prohibition of torture and cruel, inhuman or degrading treatment (Article 5).
* Fair trial – right to effective legal assistance; conflict of interest where counsel previously acted for prosecution; right to be tried within a reasonable time (Article 7).
* Death penalty – mandatory death sentence violates right to life (Article 4); execution by hanging violates dignity (Article 5).
* Remedies – repeal of mandatory death penalty and hanging, re-sentencing, compensation, publication and reporting.
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26 June 2025 |
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Request to suspend summons and travel ban dismissed for lack of urgency and proof of irreparable harm.
Provisional measures – Prima facie jurisdiction – Article 27(2) Protocol – Requirements of extreme gravity, urgency and irreparable harm – Delay in seizing the Court undermines urgency – Insufficient evidence of irreparable harm from travel ban.
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26 June 2025 |
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The Court found jurisdiction but declared the application inadmissible for failure to exhaust local remedies.
Jurisdiction of African Court; Article 34(6) Declaration withdrawal non-retroactive; judgment by default; admissibility — exhaustion of local remedies; premature filing of international application.
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26 June 2025 |
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Whether administrative and judicial decisions denying promotion and regularisation violated equality and the right to be heard.
Administrative law – Promotion and internal regularisation – Application of promotion criteria in a decree; Equality before the law – burden of proof for discriminatory treatment; Judicial law – permissibility of jurisprudential reversal; Right to a fair hearing – service of judgment and appeal time-limits.
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26 June 2025 |
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Provisional measures dismissed where requested relief would prejudice the merits and prerequisites of gravity, urgency and irreparable harm were not met.
• Human rights – Provisional measures – Requirement of extreme gravity, urgency and risk of irreparable harm – Measures must not prejudice the merits; • Jurisdiction – Prima facie jurisdiction for provisional measures where alleged rights arise under the African Charter and Respondent States accepted the Court’s competence; • Provisional relief – Request dismissed when measures are identical to merits and would prejudge the case.
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26 June 2025 |
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Application challenging amnesty law dismissed as inadmissible for failure to exhaust domestic remedies.
Jurisdiction – Court may assess national proceedings for compliance with the Charter and may order remedial measures including repeal of laws; Admissibility – non‑exhaustion of local remedies where an available and effective Constitutional Court remedy exists; Standing – individuals need not demonstrate personal victim status under Article 5(3); Procedural objections (abuse, multiplicity, anonymity) ordinarily assessed in light of merits.
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26 June 2025 |
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Application inadmissible for failure to exhaust available domestic remedies; Court affirms jurisdiction despite withdrawal timing.
• Admissibility – Exhaustion of local remedies – Constitutional Court as available and effective remedy; • Jurisdiction – Article 34(6) Declaration withdrawal does not affect applications filed before withdrawal took effect; • Admissibility – Allegations of persecution and judicial partiality must be evidenced; • Timing – Domestic decisions rendered after filing cannot excuse non-exhaustion.
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26 June 2025 |
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Court struck an NGO and non‑consenting States for lack of Article 34(6) jurisdiction, proceeding only against six States.
• Jurisdiction – Article 34(6) declaration – Court’s personal jurisdiction is limited to States party to the Protocol that deposited Article 34(6) declarations.
• Admissibility – NGOs before the Court – NGOs must have observer status before the African Commission to institute cases directly under Article 5(3) and 34(6).
• Procedure – Rule 90 – Court’s inherent power to strike parties suo motu for ends of justice and judicial efficiency.
• Withdrawal of declaration – Effectiveness after one-year period and non-retroactivity to bar pending cases.
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17 June 2025 |
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Court reopened pleadings and accepted a late Response, ordering service and a 30-day reply period for the Applicant.
* Procedure – Reopening pleadings – Court’s discretion under Rule 46(3) and inherent powers under Rule 90 to grant extensions of time; * Procedure – Acceptance of late Response where no objection raised by Applicant; * Procedure – Service of reopened pleadings and time for Reply (30 days); * Judicial recusal – non-participation of a national judge per Article 22.
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2 June 2025 |
| May 2025 |
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Court exercised its discretion to reopen pleadings and ordered the State to file a response within seven days.
* Civil procedure – Reopening pleadings; discretionary power under Rule 46(3) of the Rules.
* Court powers – Inherent power to adopt procedures to meet ends of justice (Rule 90).
* Electoral rights – Allegations of disenfranchisement of prisoners, death-sentenced persons and diaspora voters (context informing discretionary relief).
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20 May 2025 |
| February 2025 |
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Court reopened pleadings, deemed late submissions filed, and admitted amici curiae in a complex electoral-rights application.
Electoral law – procedure – Reopening pleadings under Rule 46(3) and inherent powers (Rule 90) – Deeming late submissions filed – Granting leave to amici curiae in complex public-interest electoral litigation.
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28 February 2025 |
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Court lacked jurisdiction to hear claims against AU and AUC as they are not State Parties to the Protocol.
Jurisdiction – competence of the African Court – applications must be lodged against State Parties to the Protocol – international organisations not party to the Protocol cannot be bound by it – Rule 49(1) preliminary jurisdictional examination – reliance on Falana v. African Union.
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12 February 2025 |
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Failure to provide free legal aid violated the right to defence; conviction itself was not found unlawful.
Human rights — Fair trial — Right to defence — Duty to provide free legal assistance to indigent accused facing serious penalties; jurisdiction and admissibility; evidence review limited — no miscarriage of justice found; reparations: moral damages, legislative reform of Legal Aid Act, publication and reporting.
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5 February 2025 |
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Application inadmissible for failure to exhaust available domestic remedies despite Court’s finding of jurisdiction.
Admissibility — Exhaustion of local remedies — Cassation appeal available and effective in domestic system — Lack of counsel or ignorance of remedy not automatic excuse — Applicant must attempt available judicial remedies; Jurisdiction — material, personal, temporal and territorial satisfied.
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5 February 2025 |
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Application held inadmissible for failure to exhaust available domestic criminal and civil remedies despite Court's material jurisdiction.
Human rights jurisdiction – material jurisdiction over alleged Charter and ICCPR violations; admissibility – requirement to exhaust available and effective domestic remedies (criminal and civil avenues) before seizing the Court; premature application inadmissible; costs – each party bears own costs.
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5 February 2025 |
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The respondent failed to protect persons with albinism from discrimination, violence, trafficking, and deprivation of health and education.
Human rights — Protection of persons with albinism — State due diligence to prevent, investigate and prosecute attacks; discrimination and stigma; trafficking and child welfare; right to health and education; admissibility — exhaustion of local remedies and locus standi of NGOs; reparations and legislative measures.
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5 February 2025 |
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Mandatory death sentences and execution by hanging violate the Charter’s rights to life and dignity; Court orders sentencing review and legislative reform.
Human rights — jurisdiction and admissibility — exhaustion of local remedies and reasonable time; Death penalty — mandatory sentencing violates Article 4 (right to life); Method of execution — hanging violates dignity (Article 5); Fair trial — review of domestic evidence limited by margin of appreciation; Reparations — moral damages and systemic legislative remedies.
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5 February 2025 |
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Application struck inadmissible for failure to exhaust domestic remedies despite Court’s jurisdiction and default judgment.
* Default judgment – Rule 63(1) – conditions: proper service, failure to respond, request for default judgment.* Jurisdiction – material, personal, temporal, territorial – withdrawal of Article 34(6) declaration non-retroactive for applications filed before its effective date.* Admissibility – exhaustion of local remedies – first-instance decisions subject to appeal (Ivorian procedural law).* Costs – each party bears its own costs.
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5 February 2025 |
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Court finds jurisdiction but declares application inadmissible for failure to exhaust domestic remedies.
Human rights jurisdiction – State responsibility for actions of state-owned entities and conduct of civil servants; Court’s role in reviewing compliance of domestic judicial proceedings with the Charter (not appellate review); Admissibility – exhaustion of local remedies; unduly prolonged proceedings; availability of Constitutional Court remedy; inadmissibility for failure to pursue domestic remedies.
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5 February 2025 |
| November 2024 |
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Court exercised its discretion under Rules 46(3) and 90 to reopen pleadings and grant the State a 30‑day extension.
* Procedure – Reopening pleadings – Court’s discretion under Rule 46(3).
* Procedure – Inherent powers – Rule 90 and the Court’s power to adopt procedures to meet the ends of justice.
* Extension of time – granting requests where proper administration of justice requires it.
* Jurisdictional/temporal effect – withdrawal of Article 34(6) Declaration does not affect pending/new cases filed before its effective date.
* Alleged substantive issues – claims of violation of rights to property and to a fair trial in national proceedings.
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29 November 2024 |
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Request to suspend judicial dismissals denied for lack of demonstrated urgency, extreme gravity and irreparable harm.
Provisional measures – Article 27(2) Protocol – requirements of extreme gravity, urgency and irreparable harm; prima facie jurisdiction; provisional suspension of HJC decisions and presidential dismissal decrees; adequacy of medical and financial evidence; pending domestic remedies and risk of prejudging merits.
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20 November 2024 |
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Applicant’s conviction upheld, but mandatory death penalty and hanging found to violate rights to life and dignity.
Criminal procedure – fair trial – evaluation of evidentiary contradictions and appellate deference; Death penalty – mandatory sentencing incompatible with Article 4 (right to life); Method of execution – hanging incompatible with Article 5 (dignity); Jurisdiction and admissibility – State withdrawal of Article 34(6) declaration not retroactive to pending applications.
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13 November 2024 |
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Court finds no violation of fair-trial rights and dismisses Applicant’s claims; judgment rendered in default.
Fair trial – default proceedings – jurisdiction and admissibility – right to be heard and to stay proceedings – reliability and admissibility of evidence – right to challenge opposing evidence – presumption of innocence – notification of charges after extradition – right to reasoned court decisions – reparations and costs.
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13 November 2024 |
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Application dismissed as inadmissible for failure to exhaust available domestic remedies before seizing the Court.
* Human rights – electoral rights – right to participate in elections – challenge to amendments empowering government to proceed despite insecurity.
* Admissibility – exhaustion of local remedies – requirement assessed at time of filing; remedies must be available, effective and offer prospects of success.
* Constitutional procedure – proper forum for challenging an enacted law may be ordinary courts where Constitutional Council jurisdiction is limited by national rules.
* Court procedure – jurisdiction confirmed; Court may render judgment in default where Respondent fails to defend its case.
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13 November 2024 |
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Application alleging gender-inequality in surname law rendered moot by domestic amendment allowing parental choice of child’s surname.
Family law – Surname – Equality between men and women – Article 6 of Individual and Family Code – Patrilineal filiation – Mootness after domestic legislative amendment – Jurisdiction and admissibility of the African Court.
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13 November 2024 |
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Mandatory death penalty and hanging violate the rights to life and dignity; fair-trial challenge dismissed.
Criminal law – Conviction on circumstantial evidence – margin of appreciation of domestic courts; Human rights – Mandatory death penalty – incompatibility with Article 4 (right to life); Methods of execution – hanging found inherently degrading under Article 5 (dignity); Remedies – moral damages, revocation of sentence, legislative amendment, rehearing and reporting obligations; Default of State – judgment rendered in default.
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13 November 2024 |
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Mandatory death sentences and hanging violate the Charter; mandatory penalty vacated and reforms, moral damages and reporting ordered.
* Jurisdiction – material, personal, temporal and territorial – Court affirms jurisdiction; * Admissibility – exhaustion of local remedies and reasonable time satisfied; * Fair trial – deference to domestic evidential findings absent manifest irregularity; * Death penalty – mandatory sentencing violates Article 4 (right to life); * Method of execution – hanging violates Article 5 (dignity); * Remedies – moral damages awarded; mandatory death penalty and hanging ordered removed; rehearing and reporting mandated.
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13 November 2024 |
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Application dismissed as inadmissible for failure to exhaust available domestic remedies; Court affirms jurisdiction.
• Human rights — admissibility — exhaustion of local remedies — requirement to appeal to Cour de cassation where available and effective.
• Criminal procedure — right to appeal — lack of counsel/ignorance of remedy not excusing non-exhaustion.
• Jurisdiction — Article 34(6) Declaration withdrawal does not affect pending cases filed before withdrawal came into effect.
• Admissibility — cumulative nature of requirements; failure to exhaust is fatal.
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13 November 2024 |
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Applicant’s challenges to conviction, equal protection and dignity dismissed for lack of substantiation; Court affirms jurisdiction and admissibility.
Human rights adjudication of national criminal proceedings; Court jurisdiction vs. appellate function; admissibility—exhaustion and timeliness; Article 7(1) right to be heard—assessment of witness credibility and single-witness convictions; Articles 3(2) equal protection; Article 5 dignity—unsubstantiated torture claims.
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13 November 2024 |
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Mandatory death penalty and hanging violated the applicant's rights to life and dignity; confession and torture claims were not upheld.
* Jurisdiction – Court may examine domestic criminal proceedings for compliance with the Charter and order appropriate remedies.
* Admissibility – exhaustion of local remedies (confession/torture claims exhausted; prolonged detention inadmissible); filing within reasonable time where applicant was incarcerated.
* Fair trial – admission of confession and exhibits did not breach Article 7; domestic courts’ evidential appraisal respected margin of appreciation.
* Torture – allegation unproven by applicant.
* Right to life (Article 4) – mandatory imposition of death penalty violates Charter.
* Right to dignity (Article 5) – execution by hanging incompatible with dignity.
* Reparations – moral damages awarded; vacating mandatory death sentence for applicant; legislative amendment, rehearing on sentencing, publication and reporting ordered.
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13 November 2024 |
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Court finds no breach of peoples’ self-determination but confirms executive interference with judicial and legislative independence.
• Human rights — Peoples’ right to self-determination — Adoption of constitution by elected Constituent Assembly — Referendum not mandatory under African Charter.
• Judicial independence — State duty under Article 26 — Executive interference via replacement of High Judicial Council and control over judges’ careers.
• Separation of powers — Suspension/dissolution of legislature and assumption of legislative powers by executive violate legislative independence.
• Admissibility — Exhaustion of local remedies — waived where domestic remedies unavailable; reasonableness of filing time assessed in context.
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13 November 2024 |
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Court granted Kenya 90 days to file an implementation report, reserved eviction and costs issues, and adjourned the hearing sine die.
* Human rights — Compliance hearings — Adjournment under Rule 54(6) and inherent powers under Rule 90 — 90‑day deadline for state implementation report (deadline: 11 Feb 2025).
* Substantive allegations (continuing eviction of Ogiek in Mau Forest) reserved for determination at a scheduled hearing.
* Costs — determination reserved.
* Hearing adjourned sine die.
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12 November 2024 |
| October 2024 |
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Court ordered suspension of applicants' detention to permit urgent specialised medical treatment pending merits.
* Provisional measures – suspension of detention – criteria of extreme gravity, urgency and irreparable harm – medical evidence and prison doctor’s certificates. * Prima facie jurisdiction under Article 3(1) of the Protocol and Article 34(6) Declaration. * Right to health and prohibition of torture – access to specialised treatment pending merits.
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29 October 2024 |
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Court exercised discretion to reopen pleadings and accepted a late Response to allow merits consideration of fair-trial and equality claims.
Court procedure – Reopening of pleadings; Rules 45(1), 46(3) and 90 – Inherent powers and discretion – Acceptance of late Response in the interests of justice; Death penalty – provisional measures – stay of execution; Alleged violations – right to fair trial (Art.7) and equality (Art.3).
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28 October 2024 |
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Application dismissed for lack of jurisdiction because the respondent State had not deposited the Article 34(6) declaration.
Jurisdiction – Personal jurisdiction – Article 34(6) Declaration – Individual applications inadmissible where State has not deposited Declaration; Preliminary examination under Rules of Court; New application versus continuation of a previously determined case.
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16 October 2024 |
| September 2024 |
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Court finds jurisdiction but declares application inadmissible for failure to exhaust domestic remedies; provisional measures denied.
Jurisdiction — Material jurisdiction despite State sovereignty objection; Admissibility — Exhaustion of local remedies required where domestic cassation appeal pending; Provisional measures — not granted where application inadmissible and domestic remedies ongoing; Pre-trial detention — alleged but merits not reached.
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3 September 2024 |
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Court found multiple fair-trial and human-rights violations and ordered repeal of mandatory death sentence, vacatur of death sentences, and reparations.
Jurisdiction; admissibility (exhaustion and reasonable time); fair trial — consular assistance, interpretation, counsel, trial within reasonable time, coerced confession; prohibition of torture — police brutality and failure to investigate; death penalty — mandatory sentence, mental illness, death-row phenomenon; method of execution (hanging); reparations and implementation orders.
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3 September 2024 |
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Application declared inadmissible for failure to exhaust pending cassation appeal; Court affirms jurisdiction.
Jurisdiction of African Court; admissibility — exhaustion of local remedies; cassation appeal as available and effective remedy; undue delay exception not established; inadmissibility for non-exhaustion.
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3 September 2024 |
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Failure to provide free legal assistance for a serious criminal charge violated the Applicant’s right to a fair trial; modest moral damages awarded.
Criminal procedure – jurisdiction of the African Court – admissibility and exhaustion of local remedies – fair trial: right to defence and legal assistance – assessment of identification evidence – reparations for denial of legal aid.
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3 September 2024 |
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Most complaints inadmissible for non-exhaustion of domestic remedies; admissible claim dismissed on merits, no violation found.
Human rights—jurisdiction—material, personal, temporal and territorial jurisdiction; admissibility—exhaustion of local remedies and reasonable time; scope of Constitutional Court remedies; fair trial (Article 7 African Charter) and Article 14 ICCPR; reparations and costs.
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3 September 2024 |
| June 2024 |
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Applicant’s request to reopen pleadings and for a hearing dismissed as unfounded and irrelevant.
Procedural law – Reopening pleadings (Rule 46(3)); discretion to reopen pleadings; relevance of new facts or evidence to original application; inadmissibility of irrelevant or previously raised arguments; request for public hearing ancillary to reopening pleadings.
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6 June 2024 |
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The mandatory death penalty and hanging violated the applicant's rights to life and dignity; most fair‑trial complaints were dismissed.
• Human rights – Jurisdiction and admissibility – filing within reasonable time; • Criminal procedure – fair trial: right to timely trial, effective counsel, calling witnesses, presumption of innocence, impartial tribunal; • Death penalty – mandatory death sentence arbitrary; • Method of execution – hanging violates dignity; • Remedies – moral damages, vacatur of sentence, legislative reform, re‑sentencing rehearing, publication and reporting.
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4 June 2024 |