Results.
58 judgments found.
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| December 2020 |
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Benin violated rights to strike, political participation, association, life, and judicial independence during 2018–2019 elections and reforms.
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Human rights — right to strike; right to life, integrity, and protection from torture; political participation; freedom of association — independent judiciary and electoral bodies — amnesty laws and effective remedy — requirement of national consensus for constitutional amendment — African Charter on Human and Peoples’ Rights — ECOWAS and ACDEG obligations — elections and constitutional law — state accountability for post-election violence.
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4 December 2020 |
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The Court found Benin's 2019 constitutional revision violated national consensus and ordered repeal of the revised Constitution and related laws.
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Human rights — constitutional law — principle of national consensus in constitutional revision — political participation — presumption of innocence — access to public services — effective remedy — jurisdiction and admissibility before the African Court
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4 December 2020 |
| November 2020 |
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Request for provisional measures dismissed as appeal in cassation suspended execution of contested judgment, precluding urgency or irreparable harm.
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Provisional measures — African Court on Human and Peoples’ Rights — withdrawal of Article 34(6) declaration — suspensive effect of appeal — urgency — irreparable harm — jurisdiction — criminal proceedings — right to fair trial.
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27 November 2020 |
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The Court lacks jurisdiction over claims based on laws enacted before Ghana ratified the Protocol and Declaration, as violations were not continuing.
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African Charter on Human and Peoples’ Rights — compulsory acquisition of land — temporal jurisdiction of African Court — distinction between instantaneous and continuous violations — application cannot be heard if acts occurred before state ratified Charter and Protocol — requirement for respondent to be a State party — indigenous land rights.
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27 November 2020 |
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Application dismissed as inadmissible due to lack of mandate authorizing representation before the Court despite finding jurisdiction.
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African Court on Human and Peoples’ Rights — personal jurisdiction — informality of applicant groups — mandate of legal representation — admissibility — power of attorney for international litigation — procedural requirement for representation before international court.
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27 November 2020 |
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The court found violations of the applicant’s rights to defence, humane treatment, and family life during his trial and detention.
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Human rights — fair trial rights — right to defence; detention conditions — cruel, inhuman and degrading treatment; obligations of the State regarding medical care and family contact in detention; standards for reparations in cases of violation; evidentiary requirements for claims of judicial impartiality and denial of legal aid.
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27 November 2020 |
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Court found no real or imminent risk justifying provisional measures and dismissed the applicant's request accordingly.
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Human rights — Provisional measures — Prima facie jurisdiction — Withdrawal of state declaration under Article 34(6) — Absence of real and imminent risk — Criteria for provisional measures — Mootness — Court procedure on urgent examination — Enforcement of court orders.
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27 November 2020 |
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Request for provisional measures dismissed as the Applicant failed to demonstrate urgency or irreparable harm under Article 27(2) of the Protocol.
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Human rights — provisional measures — prima facie jurisdiction — urgency and irreparable harm — stay of execution — Article 27(2) Protocol; Jurisdiction of African Court pending withdrawal of Article 34(6) Declaration.
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27 November 2020 |
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A constitutional amendment adopted without national consensus, robust judicial independence, and public access to information violated multiple human rights instruments.
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Constitutional law — constitutional amendments — national consensus — independence and impartiality of courts — right to information — economic, social and cultural rights — right to peace and security — application of African Charter on Human and Peoples' Rights and African Charter on Democracy, Elections and Good Governance — remedies and non-pecuniary reparation.
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27 November 2020 |
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Benin violated its duty to ensure an independent and impartial electoral body, undermining the right to free political participation.
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Human rights — right to participate in government — independence and impartiality of electoral bodies — composition of electoral list management body (COS-LEPI) — Article 13(1) African Charter — Article 17(1) ACDEG — Article 3 ECOWAS Protocol on Democracy — jurisdiction and admissibility of individual applications — electoral law reform timing — reparations.
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27 November 2020 |
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Request to suspend application of revised electoral law before elections denied due to inability to establish urgency and irreparable harm.
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Human rights — Electoral law — Provisional measures — Right to political participation — Criteria for granting provisional measures — Requirement of urgency and irreparable harm — African Charter on Democracy, Elections and Governance.
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20 November 2020 |
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The court re-opened pleadings to allow amended submissions and evidence in the interest of justice.
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Civil procedure — reopening of pleadings — interests of justice — amendment of application and submission of additional evidence — fair opportunity to present reparations claims.
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20 November 2020 |
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The court granted leave for the applicant to amend his pleadings before the close of pleadings, following proper procedure.
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Civil Procedure — amendment of pleadings — application for leave — compliance with procedural requirements — timing of application — African Court on Human and Peoples' Rights
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20 November 2020 |
| October 2020 |
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The Court refused to grant provisional measures to halt Tanzania’s elections, finding no extreme urgency or irreparable harm established.
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Human rights — Provisional measures — African Court on Human and Peoples' Rights — Jurisdiction after withdrawal of Article 34(6) declaration — Extreme urgency and irreparable harm — Electoral rights and participation — Refusal to stay elections pending merits determination.
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30 October 2020 |
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Application for provisional measures regarding alleged electoral rights violations declared moot after dissolution of parliament.
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Provisional measures — Electoral rights — Mootness — African Charter, ICCPR, ECOWAS Protocol — Jurisdiction of the African Court on Human and Peoples’ Rights — Dissolution of national parliament rendering application moot
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23 October 2020 |
| September 2020 |
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The Court dismissed a request for provisional measures, finding no urgency or irreparable harm linked to an order restricting acts of authority.
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Provisional measures — jurisdiction of the African Court on Human and Peoples’ Rights — requirements for urgency and irreparable harm — effect of withdrawal of Article 34(6) Declaration — right to presumption of innocence — right to nationality — inter-ministerial order prohibiting acts for persons wanted by judicial authorities.
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25 September 2020 |
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Requests for urgent reinstatement and compensation were dismissed for lack of urgency and risk of prejudging merits in a dismissal dispute.
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Human Rights — Provisional measures — Jurisdiction — Admissibility — Labour disputes with intergovernmental organisations — Urgency, irreparable harm, and the risk of prejudging merits — Dismissal of requests for reinstatement and compensation.
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25 September 2020 |
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Provisional measures were granted to prevent irreparable harm to civil and political rights pending the merits of an election-related dispute.
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Human rights — provisional measures — right to political participation — suspension of criminal conviction’s effect — removal from voters’ register — irreparable harm — African Charter — jurisdiction after withdrawal of Article 34(6) declaration.
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25 September 2020 |
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Request for provisional measures to suspend Benin’s withdrawal of Article 34(6) Declaration denied for lack of urgency or irreparable harm.
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Human Rights — Right of access to regional judicial mechanisms — Withdrawal of Declaration under Article 34(6) of Protocol — Provisional measures — Requirements of extreme gravity and urgency — Admissibility of unsigned application — Procedural flexibility by Court.
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25 September 2020 |
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Failure to provide free legal assistance warranted moral damages but not material compensation or further non-pecuniary remedies.
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Human rights — fair trial — right to free legal assistance — reparations — material and moral damages — causal link to violation — assessment of compensation — non-pecuniary remedies — reporting obligations — costs.
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25 September 2020 |
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Application struck out due to applicant's failure to respond, signaling abandonment of the case under Rule 58.
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Civil procedure — striking out application for want of prosecution — failure to respond to court requests — abandonment inferred from inactivity.
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25 September 2020 |
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Application dismissed as inadmissible for being filed outside reasonable time despite exhaustion of local remedies.
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Human rights — African Charter — Admissibility — Reasonable time — Exhaustion of local remedies — African Court's jurisdiction — Whether delay in filing application may be excused by applicant’s circumstances — Extraordinary remedies not required for exhaustion.
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25 September 2020 |
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An application alleging fair trial violations was dismissed as inadmissible for failure to file within a reasonable time after exhausting local remedies.
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Human rights — Admissibility of application — Exhaustion of local remedies — Timely filing — Jurisdiction of the African Court on Human and Peoples’ Rights — Right to fair trial — Reasonable time for filing application
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25 September 2020 |
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Application for fair trial violations struck out after domestic redress and applicant's loss of interest in further pursuit.
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Human rights — fair trial — right of appeal — discontinuance of application — striking out — redress by national courts sufficing for closure of matter.
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25 September 2020 |
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The court dismissed allegations of unfair trial and discrimination, finding no Charter violations in the applicants’ criminal conviction and proceedings.
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Human rights — fair trial — right to impartial tribunal — legality of criminal offences — denial of bail — discrimination and equality — exhaustion of local remedies — admissibility of applications before regional human rights court.
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25 September 2020 |
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The Court granted Mauritius leave to intervene in a case concerning the right to self-determination and decolonization in Africa.
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International human rights law — African Charter — Application for intervention — Third-party intervention — Right to self-determination — Decolonization — Erga omnes obligations — Procedural requirements for intervention — Order versus judgment in intervention proceedings.
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25 September 2020 |
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The Court ordered Benin to remove all barriers preventing the applicant's candidacy in the 2021 presidential election as provisional relief.
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Human rights — right to political participation — provisional measures — imminent election — removal of barriers to candidacy — urgency and irreparable harm — jurisdiction after state withdrawal — request for non-merits measures dismissed.
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25 September 2020 |
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Court finds no violation where rejection for police promotion was based on regulatory criteria consistent with international obligations.
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Human rights — equality before the law — non-discrimination — employment and promotion in public service — interpretation of domestic law in light of international obligations — requirements for promotion and training within police services — compatibility of domestic regulatory criteria with international human rights instruments.
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25 September 2020 |
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An application was declared inadmissible for failure to exhaust local remedies in a labour rights dispute.
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Human Rights — Admissibility of complaints — Requirement to exhaust local remedies — Application dismissed as premature — Labour law — Dismissal from employment — Right to work.
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25 September 2020 |
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Failure to provide free legal assistance in a serious criminal trial to indigent defendants violated the right to a fair trial.
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Criminal procedure — right to fair trial — right to free legal assistance for indigent accused — admissibility of application — exhaustion of remedies — compensation for denial of legal aid — sentencing and evaluation of evidence under domestic law.
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25 September 2020 |
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Immediate provisional measures ordered to protect the applicant’s electoral rights after non-compliance with a prior court ruling by the state.
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Human rights — right to political participation — provisional measures — irreparable harm — non-compliance with court orders — effect of withdrawal of Article 34(6) declaration on pending cases — jurisdiction of the African Court — electoral rights and urgent interim relief.
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15 September 2020 |
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The court re-opened reparations pleadings due to procedural fairness concerns arising from communication obstacles with the applicant.
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Human rights — procedural fairness — exceptional circumstances justifying re-opening of pleadings — communication difficulties with applicant in refugee status — Rule 50(2) of Rules of Court — right to a reply on reparations submissions
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8 September 2020 |
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The court re-opened reparations pleadings to admit new evidence due to exceptional difficulties caused by the pandemic and incarceration.
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Human rights — right to fair trial — reparations — procedural law — reopening of pleadings — additional evidence — exceptional circumstances — COVID-19 pandemic.
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4 September 2020 |
| July 2020 |
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The Court dismissed requests for provisional measures due to insufficient evidence, confirming its jurisdiction despite withdrawal of declaration.
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Human rights — Application for provisional measures — Withdrawal of Article 34(6) Declaration — Requirements for granting provisional measures — Insufficient evidence for provisional relief — Jurisdiction of African Court unaffected for pending applications before withdrawal's effective date.
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15 July 2020 |
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Exclusion of judicial review for presidential elections violates Charter rights to non-discrimination and a fair hearing under African human rights law.
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Constitutional law — exclusion of judicial review of presidential elections — right to non-discrimination — right to a fair hearing — access to judicial remedies — State obligations under Article 1 of the African Charter — continuous violation and effective remedies under human rights law.
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15 July 2020 |
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A request for review was dismissed as the applicant failed to present new evidence not previously within his knowledge.
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Application for review — Admissibility — New evidence — Article 28(3) Protocol — Rule 67(1) Rules of Court — Exhaustion of local remedies — Res judicata.
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15 July 2020 |
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The Court ordered joinder of two similar applications alleging Charter rights violations by four West African states.
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Joinder of cases — Similarity of facts and legal issues — Claims of violation of rights under the African Charter — Judicial economy — Consolidation of proceedings.
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15 July 2020 |
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Côte d’Ivoire’s electoral law reforms partially failed to guarantee independent, balanced local commissions and genuinely participatory nomination processes.
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Electoral law — Independence and impartiality of electoral commissions — Compliance with international and regional standards — Execution of prior court judgments — Right to participate in government — Equality before the law — Admissibility and jurisdiction of regional human rights court.
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15 July 2020 |
| June 2020 |
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Tanzania was found to have violated fair trial rights by failing to provide free legal assistance and timely appeal proceedings.
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Human rights — right to fair trial — right to legal assistance — inordinate delay in appeal proceedings — moral damages — African Charter on Human and Peoples’ Rights, Article 7(1); ICCPR Article 14(3)(d) — denial of equality and cruel or inhuman treatment — standards of evidence — reparations for procedural rights violations.
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26 June 2020 |
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Failure to provide free legal assistance in a serious criminal case violated the applicant's fair trial rights under the African Charter.
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Fair trial — right to legal assistance — failure to provide legal aid in criminal proceedings — admissibility — jurisdiction of African Court — assessment of evidence and charge sheet irregularities — remedy for violation of fair trial rights — monetary reparation for moral prejudice.
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26 June 2020 |
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Failure to provide free legal assistance in a serious criminal trial violated the applicant’s fair trial rights under the African Charter.
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Human rights — fair trial — right to legal assistance — failure to provide free legal representation in serious criminal matters — fair trial guarantees — miscarriage of justice — exhaustion of domestic remedies — remedy for moral prejudice.
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26 June 2020 |
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Dismissal of a complaint alleging violation of fair trial, equality, and right to work due to lack of evidence of human rights violations.
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Human rights — fair trial — right to equality before the law — right to work — employment termination — procedural fairness — assessment of judicial impartiality — discrimination — exhaustion of domestic remedies — African Charter on Human and Peoples’ Rights — no established violation found.
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26 June 2020 |
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The Court dismissed the application as inadmissible due to unreasonable delay in filing after exhausting local remedies.
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Human rights — Admissibility — Reasonable time — Requirement to file application within reasonable time after exhausting local remedies — Jurisdiction of the African Court after State withdrawal of Article 34(6) declaration
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26 June 2020 |
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Application dismissed as inadmissible due to unreasonable delay in filing after exhaustion of domestic remedies.
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African Court on Human and Peoples’ Rights — admissibility — exhaustion of domestic remedies — requirement to file application within a reasonable time — default judgment — jurisdiction of the Court — consequences of unreasonable delay in filing application.
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26 June 2020 |
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The Court dismissed the case as inadmissible due to filing outside a reasonable time after exhausting domestic remedies.
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Human rights — jurisdiction of the African Court — withdrawal of article 34(6) declaration — admissibility — exhaustion of local remedies — reasonable time to file application — standards for admissibility under Article 56(6) of the Charter and Rule 40(6) of the Rules.
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26 June 2020 |
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The court dismissed the application for review, finding no new evidence as required to reopen its prior judgment.
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Human rights — review of judgment — criteria for admissibility — 'new evidence' — Article 28(3) of the Protocol — Rule 67(1) of the Rules — provisional measures — mootness upon inadmissibility of review application.
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26 June 2020 |
| May 2020 |
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Court awards moral damages for proven fair trial violations but declines compensation for material loss and indirect victims.
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Human rights — fair trial — reparations — proof of material and moral damages — indirect victims — non-pecuniary measures — reporting on implementation.
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8 May 2020 |
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The Court ordered a stay of execution of a national conviction pending its final decision, citing risk of irreparable harm.
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Human rights — provisional measures — jurisdiction of African Court — effect of state withdrawal from Article 34(6) Declaration — extreme gravity and irreparable harm — stay of execution pending final judgment — requirements for granting provisional measures — fair trial rights.
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6 May 2020 |
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The Court ordered Benin to remove all legal and administrative barriers to the applicant’s candidacy in upcoming elections, pending judgment.
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Human rights — Provisional measures — Political participation — Right to stand for public office — Requirements for urgency, extreme gravity and irreparable harm — Withdrawal of Article 34(6) declaration — African Court’s jurisdiction — Benin electoral law — Exclusion of independent candidates — Provisional removal of legal impediments to candidacy.
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5 May 2020 |
| April 2020 |
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The Court ordered the suspension of arrest and detention warrants and release on bail of political figures pending its judgment.
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Human Rights — Provisional measures — Arrest and detention warrants against political figures — Allegations of violations of rights under the African Charter and ICCPR — Prima facie jurisdiction — Extreme urgency and risk of irreparable harm — Release on bail pending judgment on the merits.
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22 April 2020 |