Results.
21 judgments found.
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| December 2018 |
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Court ordered stay of execution of special-court conviction pending African Court decision due to risk of irreparable harm.
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Human rights — Provisional measures — Stay of execution of national court judgment pending African Court decision — Protocol art. 27(2) and Rule 51
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Criminal procedure — Special courts and retrial — Risk to fair trial and non bis in idem where domestic appeal/execution rules may permit enforcement pending cassation
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7 December 2018 |
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Court orders stay of domestic criminal conviction to prevent irreparable harm pending determination of alleged human rights violations.
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Human rights — Provisional measures — Prima facie jurisdiction — Enforcement of domestic criminal judgment — Risk of irreparable harm — Stay of execution — Right to a fair trial — Double jeopardy — Protocol to the African Charter on Human and Peoples' Rights.
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7 December 2018 |
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Court found violations for undue trial delay and deprivation of food; awarded limited monetary compensation.
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Human Rights — Jurisdiction and admissibility — State responsibility, exhaustion of local remedies and reasonable time — African Court jurisdiction
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Criminal law / Fair trial — Right to a fair trial — Trial within reasonable time — State delay in prosecution attributable to authorities — Article 7(1)(d) African Charter
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Human Rights — Cruel, inhuman or degrading treatment — Detention conditions — Deprivation of food as violation of Article 5 of the African Charter
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7 December 2018 |
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State's failure to provide trial records violated the right to appeal; Court ordered records produced and applicant released.
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Human rights
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— Right to appeal — State obligation to provide trial records and facilitate appeals — Article 7(1)(a) African Charter
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— Admissibility — Exhaustion of local remedies — Remedies deemed ineffective where State prevents access to necessary documents
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— Reparations — Release as appropriate remedy where prolonged deprivation of appeal causes a miscarriage of justice
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7 December 2018 |
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Court awards monetary compensation for fair-trial and free-expression violations, dismissing expungement and unproven claims.
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Human rights
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— Fair trial — Procedural irregularities affecting the right of defence — Article 7(1)(c) African Charter
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— Freedom of expression — Protection under Article 9(2) African Charter and Article 19 ICCPR — Remedies and reparations
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Remedies — Reparations — Compensation, restitution and rehabilitation — Burden of proof and evidentiary requirements
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7 December 2018 |
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Court found no fair‑trial or equality violations despite claims of mistaken identity and procedural isolation.
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Human rights
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— Fair trial — Visual identification and assessment of evidence — Court may review compliance with human rights standards without acting as appellate court
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— Admissibility — Exhaustion of local remedies and reasonable time — Extraordinary review not required; delay assessed case‑by‑case
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— Remedies and costs — No violation found; reparations denied; each party bears own costs
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7 December 2018 |
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Court exercised inherent power to reopen deliberations and admit new evidence linked to the original application.
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Human Rights
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— Court procedure — Reopening of proceedings and admissibility of new evidence after deliberation — Inherent power to set aside deliberation in interest of justice
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— Continuity of facts — Subsequent developments linked to original application justify reopening pleadings
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5 December 2018 |
| September 2018 |
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The failure to provide free legal aid to an indigent defendant in a serious criminal case violated his right to defence under the African Charter.
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Human rights — Fair trial
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— Right to defence/legal aid — State obligation to provide free legal assistance where indigent and interests of justice require — African Charter Article 7(1)(c)
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— Right to be heard — African Court may assess conformity of domestic proceedings with Charter standards but is not an appellate court
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Human rights — Admissibility — Exhaustion of local remedies and reasonable time — Case‑by‑case assessment; extraordinary constitutional remedies not always required
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21 September 2018 |
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Failure to provide free legal aid in a serious criminal case violated the applicant's right to defence.
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Human rights — Fair trial — Right to legal aid — Obligation to provide free assistance when interests of justice require
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Criminal procedure — Pre-trial detention/bail — Statutory bar to bail for armed robbery — Legitimate and proportionate restriction
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Admissibility — Exhaustion and reasonable time — Incarceration, indigence and lack of awareness justify flexibility
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21 September 2018 |
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Court found fair‑trial breaches (no legal aid, no defence witnesses, insufficient evidence) and ordered a retrial within specified timelines.
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Human rights — Fair trial
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— Right to defence and legal aid — State obligation to provide free legal assistance where interests of justice require
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— Defence witnesses — Duty of domestic courts to take proactive steps to secure attendance and explain decisions
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Human rights — Admissibility — Exhaustion of local remedies and reasonable time — Constitutional petition not always required; timeliness assessed case‑by‑case
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21 September 2018 |
| May 2018 |
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The Court found Mali’s Family Code violated regional instruments on minimum marriage age, consent to marriage, inheritance and harmful cultural practices.
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Human rights
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— Women’s rights — Minimum age of marriage — State obligation to set 18 years under Maputo Protocol Article 6(b)
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— Family law — Consent to marriage — Requirement for free and full consent and procedural safeguards for religious marriages — Maputo Protocol Article 6(a); CEDAW Article 16
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— Inheritance and non-discrimination — Default to religious/customary law disadvantaging women and children born out of wedlock — Maputo Protocol Article 21; Children’s Charter Articles 3 and 4
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11 May 2018 |
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Application dismissed as inadmissible for failure to exhaust domestic remedies; Rule 67 objection rejected.
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Human rights — Admissibility — Exhaustion of local remedies — Requirement to pursue available remedies to the highest domestic level — African Charter Article 56(5)
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Civil procedure — Review/Reopening of proceedings — Distinct new application versus judicial review — Rule 67 of the Rules inapplicable to a separate subsequent filing
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11 May 2018 |
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Court affirmed jurisdiction and admissibility but dismissed claims of violation of equality and health rights.
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Human rights — Jurisdiction — Capacity of the African Court to assess compliance of domestic proceedings with Charter standards without acting as an appellate court
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Admissibility — Exhaustion of local remedies — Appeals to highest national court sufficient; constitutional petition an extraordinary remedy not required to be exhausted
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Human rights — Equality and health rights — Allegations that domestic appellate court’s failure to consider grounds violated Article 3(1) and Article 16 — Insufficient substantiation
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11 May 2018 |
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Court finds failure to provide free counsel and delayed disclosure of witness statements violated Article 7(1)(c) of the Charter.
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Human rights — Fair trial
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— Right to legal assistance — Obligation to provide free counsel in serious criminal proceedings — Article 7(1)(c) African Charter
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— Disclosure of evidence — Duty to furnish prosecution witness statements promptly — Equality of arms
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Jurisdiction — Material jurisdiction — Review of domestic proceedings for Charter compliance without acting as appellate court
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11 May 2018 |
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Failure to provide free legal assistance in serious criminal proceedings violated the Charter and the State’s Article 1 obligations.
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Human rights
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— Jurisdiction — Court may review national proceedings for compliance with Charter standards despite not being an appellate court
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— Fair trial — Right to defence/legal assistance — State obligation to provide free counsel in serious criminal proceedings for indigent accused
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— Admissibility — Exhaustion of ordinary local remedies and filing within reasonable time assessed case‑by‑case
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11 May 2018 |
| March 2018 |
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Failure to disclose prosecution witness statements and refusal to facilitate an impotence test violated applicants' right to a fair trial.
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Human rights
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— Fair trial — Disclosure of prosecution witness statements and opportunity to cross‑examine — Article 7(1)(c) African Charter
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— Jurisdiction — Review of domestic criminal proceedings for conformity with the African Charter (not appellate review) — Article 3(1) Protocol
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Remedies — Reparations and costs — Presidential pardon does not extinguish non‑monetary and compensation claims; Court may defer reparation determination
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23 March 2018 |
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Court held that arbitrary deprivation of nationality and expulsion without judicial remedy violated regional and international human rights law.
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Nationality — arbitrary deprivation — right to nationality — statelessness — expulsion — procedural fairness — judicial remedy — international human rights law — exhaustion of local remedies — right to be heard
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22 March 2018 |
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Application declared inadmissible because the dispute had been previously settled by the ECOWAS Court of Justice.
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Human rights
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— Admissibility — Prior settlement by regional court (ECOWAS) — Article 56(7) African Charter
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— Fair trial; Equality before the law; Effective remedy — Allegations against national courts — Cognizability subject to admissibility
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Procedure — Admissibility — Exhaustion of local remedies and reasonable time-period under Article 56(5)-(6) and Rule 40
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22 March 2018 |
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Failure to provide free legal aid to an indigent accused in a serious criminal case violated the right to defence under Article 7(1)(c) of the African Charter.
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Human rights
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— Fair trial — Right to legal aid — State obligation to provide free legal assistance to indigent accused in serious cases — Article 7(1)(c) African Charter
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— Criminal procedure — Visual identification — Need to eliminate possibilities of mistaken identity and corroborate identification evidence
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Procedure — Jurisdiction and admissibility — African Court may review whether domestic proceedings complied with Charter standards without acting as an appellate court
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21 March 2018 |
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Failure to exhaust domestic criminal and civil remedies, including seeking reclassification and producing medical evidence, rendered the application inadmissible.
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Human rights — Admissibility — Exhaustion of local remedies — Undue delay exception
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Criminal procedure — Classification of offences — Availability and effectiveness of re‑classification remedy
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Civil procedure — Remedies for compensation — Requirement to pursue domestic civil action before international adjudication
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21 March 2018 |
| January 2018 |
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The Court ordered amendment of the application’s title to reflect the alleged victim as the applicant for greater clarity.
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Civil procedure — application title — substitution of applicant’s representative by the alleged victim — power of court to amend case title — effect on parties' rights.
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17 January 2018 |