Results.
31 judgments found.
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| November 2016 |
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18 November 2016 |
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The Court ordered provisional measures to prevent a death penalty execution pending determination of an alleged fair trial violation.
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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.
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18 November 2016 |
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The Court ordered a stay of execution for a death row applicant pending determination of alleged rights violations.
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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.
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18 November 2016 |
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The Court ordered a stay of execution for death row applicants, finding a risk of irreparable harm pending determination of their case.
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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.
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18 November 2016 |
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The court ordered a halt to execution of a death sentence pending determination of alleged human rights violations.
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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.
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18 November 2016 |
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The Court ordered a stay of execution for a death row applicant pending the outcome of his human rights application.
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Human rights — right to life — death penalty — provisional measures — irreparable harm — stay of execution pending final determination — prima facie jurisdiction of African Court
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18 November 2016 |
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The Court ordered a stay of execution for an applicant on death row pending determination of alleged human rights violations.
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Human rights — African Charter — Provisional measures — Death penalty — Risk of irreparable harm — Prima facie jurisdiction — Stay of execution pending final determination.
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18 November 2016 |
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The Court ordered a stay of execution for a death row prisoner in Tanzania pending determination of his human rights application.
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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.
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18 November 2016 |
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Court orders a stay of execution pending determination of alleged human rights violations in a death penalty case.
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Human rights — right to life — death penalty — provisional measures — risk of irreparable harm — African Charter on Human and Peoples' Rights — prima facie jurisdiction.
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18 November 2016 |
| September 2016 |
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Application was struck out for failure to comply with procedural requirements, but without prejudice to refiling in proper form.
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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.
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5 September 2016 |
| June 2016 |
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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.
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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.
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3 June 2016 |
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The Court found Libya in violation of the rights to liberty and fair trial due to secret, incommunicado detention and denial of legal safeguards.
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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.
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3 June 2016 |
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The Court ordered Tanzania not to execute death row applicants pending determination of a human rights application.
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Provisional measures — Death penalty — Risk of irreparable harm — Prima facie jurisdiction — Fair trial rights — Preservation of status quo pending determination of main application.
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3 June 2016 |
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The Court ordered Tanzania to refrain from executing death row applicants pending determination of their fair trial claims.
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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.
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3 June 2016 |
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Court ordered a stay of execution in a death penalty case pending determination of alleged fair trial violations.
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Human rights — Provisional measures — Death penalty — Extreme gravity — Irreparable harm — African Charter — Right to a fair trial — Article 27(2) Protocol
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3 June 2016 |
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A respondent state's withdrawal of its Article 34(6) declaration does not suspend or affect cases already pending before the Court.
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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.
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3 June 2016 |
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The Court ordered a stay of execution in a death penalty case to prevent irreparable harm pending final determination of alleged rights violations.
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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.
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3 June 2016 |
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The court ordered a stay of execution for a death row applicant to prevent irreparable harm pending final judgment.
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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.
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3 June 2016 |
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The Court held that criminal defamation penalties violated freedom of expression and ordered full reparations for material and moral harm.
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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.
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3 June 2016 |
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The Court ordered a stay of execution for a death row applicant to prevent irreparable harm pending determination of his case.
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Human rights — Death penalty — Provisional measures — Risk of irreparable harm — Prima facie jurisdiction — Prevention of execution pending determination of merits.
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3 June 2016 |
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Withdrawal of jurisdictional declaration does not affect pending cases filed before the African Court on Human and Peoples’ Rights.
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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.
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3 June 2016 |
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Withdrawal of a state's Article 34(6) declaration does not suspend or terminate pending cases before the African Court.
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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.
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3 June 2016 |
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An application for review was dismissed as the Applicants failed to present new evidence justifying revision of the original judgment.
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Human rights — African Court on Human and Peoples’ Rights — Review of judgment — Admissibility — New evidence requirement — Exhaustion of local remedies — Inadmissibility of review application.
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3 June 2016 |
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The Court set key procedural standards for access to counsel, amicus participation, and document production in human rights litigation.
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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.
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3 June 2016 |
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A State's withdrawal of its declaration accepting individual petitions takes effect after one year and does not affect pending cases.
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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.
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3 June 2016 |
| March 2016 |
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The Court ordered Tanzania to suspend execution of the death penalty pending a final decision on alleged fair trial violations.
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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.
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18 March 2016 |
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Court ordered state to refrain from executing applicant on death row, pending determination of human rights complaint.
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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.
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18 March 2016 |
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The Court found Tanzania violated the applicants' rights by unduly delaying criminal trials and failing to provide legal aid after counsel withdrew.
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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.
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18 March 2016 |
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The Court ordered a stay of execution for applicants facing the death penalty, citing impending irreparable harm and jurisdictional grounds.
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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.
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18 March 2016 |
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The Court ordered Tanzania to refrain from executing a death row applicant pending determination of alleged fair trial violations.
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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.
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18 March 2016 |
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The African Court directed parties to submit written arguments on the effect of Rwanda's withdrawal of its Article 34(6) declaration.
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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.
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18 March 2016 |