African Court on Human and Peoples Rights - 2011

15 judgments
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Results. 15 judgments found.

15 judgments
December 2011
The Court struck out the application for lack of jurisdiction as the applicant lacked observer status and Gabon had not accepted the Court's jurisdiction.
  • African Court on Human and Peoples’ Rights — Jurisdiction — NGO standing — Article 5(3) and Article 34(6) of Protocol — Lack of State declaration — Observer status with African Commission — Admissibility — Application struck out for want of jurisdiction.
15 December 2011
15 December 2011
September 2011
Court denies reparations for lack of proof but orders Tanzania to publish and report on implementation of remedial measures.
  • African Charter on Human and Peoples’ Rights — Reparations — Compensation for human rights violations — Proof of pecuniary and non-pecuniary damages — Adequacy of evidence — Just satisfaction — Obligation to implement judgment — Publication of judgment as satisfaction — Reporting requirements.
30 September 2011
The court lacks jurisdiction over employment disputes between AU staff and AU organs based solely on employment contract breaches.
  • Jurisdiction — African Court on Human and Peoples' Rights — Labour and employment disputes — Breach of employment contract — OAU Staff Regulations — Whether the African Court on Human and Peoples' Rights has jurisdiction to hear employment disputes originating from AU institutions.
30 September 2011
The Court lacks jurisdiction to hear cases against States not making Article 34(6) declarations and transfers such matters to the Commission.
  • African Court on Human and Peoples' Rights — Jurisdiction — Article 34(6) declaration — Admissibility of applications by individuals — Transfer of application to African Commission on Human and Peoples' Rights.
23 September 2011
22 September 2011
The Court lacks jurisdiction to hear complaints against states not parties to its Protocol or members of the African Union.
  • African Court on Human and Peoples' Rights — jurisdiction — Article 3(1) of the Protocol — requirement for respondent state to be member of African Union and to have ratified Protocol — application struck out for lack of jurisdiction.
2 September 2011
The Court affirmed its inherent power to extend procedural deadlines in the interest of justice even where rules are silent.
  • Civil procedure — inherent powers of the court — extension of time for filing pleadings — discretion to set and extend procedural time limits where rules are silent.
2 September 2011
June 2011
The Court declined jurisdiction to hear a challenge against the African Union regarding individual access to the African Court.
  • International human rights law — African Charter on Human and Peoples’ Rights — African Court on Human and Peoples’ Rights — access to the Court — personal jurisdiction — whether the African Union can be cited as respondent — interpretation of Article 34(6) of the Protocol regarding individual access to the Court; treaty law — standing and jurisdiction of international courts; admissibility of complaints against international organizations.
26 June 2011
An individual application was dismissed for lack of jurisdiction owing to the respondent State’s non-declaration under Article 34(6) of the Protocol.
  • African Court on Human and Peoples' Rights — Jurisdiction — Direct access by individuals — Requirement of State declaration under Article 34(6) — Transfer to African Commission when jurisdiction lacking.
16 June 2011
The Court exercised its inherent powers to grant an extension of time for procedural compliance in the interest of justice.
  • African Court on Human and Peoples' Rights — procedural law — extension of procedural deadlines — inherent judicial powers of the Court to grant extensions not expressly provided for — interest of justice.
16 June 2011
The court lacked jurisdiction over an individual application since Mozambique had not accepted its competence under Article 34(6).
  • African Court on Human and Peoples' Rights — Jurisdiction — Requirement for state party declaration under Article 34(6) — Direct individual application — Referral to African Commission on Human and Peoples' Rights — Lack of jurisdiction due to absence of declaration.
16 June 2011
A court cannot hear individual applications against a State which has not accepted its jurisdiction under Article 34(6) of the Protocol.
  • African Court on Human and Peoples’ Rights — jurisdiction — Article 34(6) Protocol — direct applications by individuals — requirement of State declaration — transfer to African Commission on Human and Peoples’ Rights where jurisdiction lacking.
16 June 2011
16 June 2011
March 2011
The Court ordered provisional measures requiring the respondent to prevent loss of life and report steps taken amid alleged grave rights violations.
  • International Human Rights — Provisional measures — Conditions for granting — Grave and urgent risk of irreparable harm — Right to life and physical integrity — Violent suppression of demonstrations — African Charter on Human and Peoples’ Rights — Prima facie jurisdiction of African Court — Power to order measures proprio motu.
25 March 2011