African Court on Human and Peoples Rights - 2016

31 judgments
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Results. 31 judgments found.

31 judgments
November 2016
18 November 2016
The Court ordered provisional measures to prevent a death penalty execution pending determination of an alleged fair trial violation.
  • International human rights law — right to fair trial — provisional measures — death penalty — risk of irreparable harm — jurisdiction of the African Court on Human and Peoples’ Rights — preservation of status quo pending determination of main application.
18 November 2016
The Court ordered a stay of execution for a death row applicant pending determination of alleged rights violations.
  • Human rights — death penalty — provisional measures — irreparable harm — right to fair trial — delay in review application — African Charter on Human and Peoples’ Rights — jurisdiction of the African Court — preservation of status quo pending determination.
18 November 2016
The Court ordered a stay of execution for death row applicants, finding a risk of irreparable harm pending determination of their case.
  • Death penalty — provisional measures — irreparable harm — jurisdiction of the African Court — human rights protection — right to life — extreme gravity — preservation of status quo pending determination of merits.
18 November 2016
The court ordered a halt to execution of a death sentence pending determination of alleged human rights violations.
  • Human rights — Death penalty — Provisional measures — Right to life — Fair trial — Prima facie jurisdiction — Risk of irreparable harm — Article 27(2) of the Protocol — African Charter rights — Stay of execution.
18 November 2016
The Court ordered a stay of execution for a death row applicant pending the outcome of his human rights application.
  • Human rights — right to life — death penalty — provisional measures — irreparable harm — stay of execution pending final determination — prima facie jurisdiction of African Court
18 November 2016
The Court ordered a stay of execution for an applicant on death row pending determination of alleged human rights violations.
  • Human rights — African Charter — Provisional measures — Death penalty — Risk of irreparable harm — Prima facie jurisdiction — Stay of execution pending final determination.
18 November 2016
The Court ordered a stay of execution for a death row prisoner in Tanzania pending determination of his human rights application.
  • Human rights — death penalty — provisional measures — fair trial rights — right to life — risk of irreparable harm — African Charter — Article 27(2) — proprio motu power of the Court — preservation of status quo pending application determination.
18 November 2016
Court orders a stay of execution pending determination of alleged human rights violations in a death penalty case.
  • Human rights — right to life — death penalty — provisional measures — risk of irreparable harm — African Charter on Human and Peoples' Rights — prima facie jurisdiction.
18 November 2016
September 2016
Application was struck out for failure to comply with procedural requirements, but without prejudice to refiling in proper form.
  • Procedure — Application before the African Court on Human and Peoples’ Rights — non-compliance with procedural requirements — failure to reformulate application despite extensions and legal assistance — striking out of application without prejudice.
5 September 2016
June 2016
A national court’s failure to ensure fair trial standards—especially regarding legal representation and evidentiary reliability—violated the applicant’s rights under international law.
  • Human rights — right to fair trial — legal aid and legal representation — prosecutorial impartiality — evidentiary standards in criminal conviction — exhaustion of remedies — international review of national criminal proceedings — Article 7 African Charter — Article 14 ICCPR.
3 June 2016
The Court found Libya in violation of the rights to liberty and fair trial due to secret, incommunicado detention and denial of legal safeguards.
  • Human rights — right to liberty and security of person — right to fair trial — incommunicado detention — absence of legal representation — State obligation to comply with regional court orders — non-derogable rights under African Charter — failure to exhaust local remedies excused by ineffectiveness and impossibility.
3 June 2016
The Court ordered Tanzania not to execute death row applicants pending determination of a human rights application.
  • Provisional measures — Death penalty — Risk of irreparable harm — Prima facie jurisdiction — Fair trial rights — Preservation of status quo pending determination of main application.
3 June 2016
The Court ordered Tanzania to refrain from executing death row applicants pending determination of their fair trial claims.
  • Human rights — provisional measures — right to life — risk of irreparable harm — stay of execution — fair trial guarantees — African Charter on Human and Peoples' Rights, Article 7(1) — death penalty — preservation of status quo pending final determination.
3 June 2016
Court ordered a stay of execution in a death penalty case pending determination of alleged fair trial violations.
  • Human rights — Provisional measures — Death penalty — Extreme gravity — Irreparable harm — African Charter — Right to a fair trial — Article 27(2) Protocol
3 June 2016
A respondent state's withdrawal of its Article 34(6) declaration does not suspend or affect cases already pending before the Court.
  • African Court on Human and Peoples' Rights — Jurisdiction — withdrawal of Article 34(6) declaration — effect on pending cases — whether withdrawal suspends or terminates ongoing proceedings.
3 June 2016
The Court ordered a stay of execution in a death penalty case to prevent irreparable harm pending final determination of alleged rights violations.
  • Human rights — Provisional measures — Death penalty — Risk of irreparable harm — African Charter on Human and Peoples' Rights — Article 27(2) Protocol — Court's power to grant interim relief proprio motu in death penalty cases.
3 June 2016
The court ordered a stay of execution for a death row applicant to prevent irreparable harm pending final judgment.
  • Provisional measures — death penalty — risk of irreparable harm — jurisdiction of African Court on Human and Peoples’ Rights — preservation of status quo pending determination of application.
3 June 2016
The Court held that criminal defamation penalties violated freedom of expression and ordered full reparations for material and moral harm.
  • Freedom of expression — criminal defamation — custodial sentences — reparations — pecuniary and non-pecuniary damages — material loss — moral damage — standards of proof — necessity and proportionality of penalties — implementation and publication of judgment.
3 June 2016
The Court ordered a stay of execution for a death row applicant to prevent irreparable harm pending determination of his case.
  • Human rights — Death penalty — Provisional measures — Risk of irreparable harm — Prima facie jurisdiction — Prevention of execution pending determination of merits.
3 June 2016
Withdrawal of jurisdictional declaration does not affect pending cases filed before the African Court on Human and Peoples’ Rights.
  • International law — withdrawal of jurisdictional declaration — effect of withdrawal of Art 34(6) Protocol declaration — non-retroactivity — pending proceedings — African Court on Human and Peoples’ Rights — procedural law.
3 June 2016
Withdrawal of a state's Article 34(6) declaration does not suspend or terminate pending cases before the African Court.
  • African Court on Human and Peoples' Rights — Jurisdiction — Withdrawal of Article 34(6) declaration — Effect on pending cases — Suspensive effect of withdrawal — Proceedings continue for cases filed prior to withdrawal.
3 June 2016
An application for review was dismissed as the Applicants failed to present new evidence justifying revision of the original judgment.
  • Human rights — African Court on Human and Peoples’ Rights — Review of judgment — Admissibility — New evidence requirement — Exhaustion of local remedies — Inadmissibility of review application.
3 June 2016
The Court set key procedural standards for access to counsel, amicus participation, and document production in human rights litigation.
  • Human rights — right of access to legal counsel — attorney-client privilege — procedural fairness — amicus curiae — production of official documents — African Charter on Human and Peoples’ Rights.
3 June 2016
A State's withdrawal of its declaration accepting individual petitions takes effect after one year and does not affect pending cases.
  • African Court on Human and Peoples’ Rights — jurisdiction — withdrawal of Article 34(6) declaration — whether withdrawal is valid — required notice period — effect on pending applications — non-retroactivity — State sovereignty — legal certainty.
3 June 2016
March 2016
The Court ordered Tanzania to suspend execution of the death penalty pending a final decision on alleged fair trial violations.
  • Provisional measures — international human rights — right to life — death penalty — irreparable harm — fair trial — right to language assistance — consular access — Article 7 African Charter — Article 14 ICCPR — prima facie jurisdiction — status quo preservation.
18 March 2016
Court ordered state to refrain from executing applicant on death row, pending determination of human rights complaint.
  • Human rights — provisional measures — right to life — death penalty — fair trial rights — risk of irreparable harm — African Court's power to order provisional measures proprio motu.
18 March 2016
The Court found Tanzania violated the applicants' rights by unduly delaying criminal trials and failing to provide legal aid after counsel withdrew.
  • Human rights — right to fair trial — prolonged judicial delay — obligation to provide legal aid — exhaustion of local remedies — admissibility — interpretation of Article 7(1)(c) and (d) of African Charter — effective remedies — reparations — obligations under international human rights instruments.
18 March 2016
The Court ordered a stay of execution for applicants facing the death penalty, citing impending irreparable harm and jurisdictional grounds.
  • Provisional measures — Death penalty — Prima facie jurisdiction — Right to fair trial — Extreme urgency and irreparable harm — Suspension of execution pending determination of application — African Charter on Human and Peoples’ Rights — International Covenant on Civil and Political Rights.
18 March 2016
The Court ordered Tanzania to refrain from executing a death row applicant pending determination of alleged fair trial violations.
  • Human rights — death penalty — provisional measures — jurisdiction of the African Court — risk of irreparable harm — preservation of rights pending determination — Article 27(2) Protocol to the African Charter — Article 7 of the Charter — Article 14 ICCPR.
18 March 2016
The African Court directed parties to submit written arguments on the effect of Rwanda's withdrawal of its Article 34(6) declaration.
  • International human rights — African Court on Human and Peoples' Rights — withdrawal of Article 34(6) declaration — effect on jurisdiction — procedural directions — requirements for written submissions by parties.
18 March 2016