Results.
37 judgments found.
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| November 2024 |
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Court reopened pleadings and ordered the State to file its response within 30 days, exercising Rule 46(3) and Rule 90 discretion.
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Procedure — Reopening of pleadings — Discretion to reopen pleadings and grant extension under Rule 46(3) and inherent power under Rule 90
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Jurisdiction — Withdrawal of Article 34(6) declaration — Withdrawal has no effect on pending and new cases filed before withdrawal took effect
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29 November 2024 |
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Applicants failed to prove extreme gravity, urgency and irreparable harm; provisional measures suspending dismissals were dismissed.
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Provisional measures — Article 27(2) Protocol — prima facie jurisdiction — requirements of extreme gravity, urgency and irreparable harm — burden of proof and causal link — effect of pending domestic remedies — suspension of disciplinary decisions and presidential decrees.
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20 November 2024 |
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Mandatory death sentences and hanging violate Articles 4 and 5; fair-trial complaint was dismissed.
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Human rights
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— Criminal procedure — Right to fair trial — Assessment of credibility and presumption of innocence (Article 7)
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— Right to life — Mandatory death penalty — Incompatibility with Article 4
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— Right to inherent dignity — Method of execution (hanging) — Violation of Article 5
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13 November 2024 |
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Applicant's fair‑trial complaints dismissed: Court found no violation and denied reparations after respondent defaulted.
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Human rights — Fair trial
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— Right to be heard and appellate review — Stay of proceedings and preparation of appeal record
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— Evidence and conviction — Reliability of evidence and miscarriage of justice
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— Right to reasons — Duty of appellate courts to give reasons
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13 November 2024 |
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Regional court dismissed electoral challenge as inadmissible for failure to exhaust domestic remedies despite respondent’s default.
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Human rights — Elections — Right to participate — Exhaustion of local remedies — Requirement to avail available and effective domestic remedies
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Procedure — Default judgment — Respondent’s failure to file observations — Court empowered to render judgment suo motu
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13 November 2024 |
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Challenge to father-only surname provision held moot after national law was amended to permit parental choice of surname.
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Human rights — Equality between men and women — Transmission of surname — Compatibility of domestic family law with the African Charter and other human rights instruments
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Procedure — Jurisdiction — International court may assess conformity of domestic constitutional rulings with international obligations (not acting as appellate court)
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Remedies — Mootness — Legislative amendment removing contested provision obviates need for reparations
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13 November 2024 |
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Mandatory death sentences and hanging violate the rights to life and dignity; rehearing and legislative reforms ordered.
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Human rights
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— Criminal procedure — Fair trial — Whether conviction based on recent possession and circumstantial evidence violated Article 7(1)
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— Right to life — Mandatory death penalty — Whether mandatory imposition of death sentence violates Article 4
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— Dignity — Method of execution — Whether hanging constitutes cruel, inhuman or degrading treatment under Article 5
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13 November 2024 |
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Whether the mandatory death penalty and hanging violate the Charter’s rights to life and dignity.
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Jurisdiction — material jurisdiction to review conformity of domestic criminal proceedings with the African Charter; Admissibility — exhaustion of local remedies and reasonable time; Right to life — mandatory death penalty violates Article 4; Right to dignity — hanging as execution method violates Article 5; Fair trial — sufficiency and admissibility of circumstantial and DNA evidence; Remedies — moral damages, vacatur of mandatory sentence, legislative reform and re-sentencing.
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13 November 2024 |
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Application dismissed as inadmissible for failure to exhaust available domestic cassation remedy; Court affirms jurisdiction.
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Human rights — Fair trial — Exhaustion of local remedies — Cassation appeal must be pursued before international application
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Procedural law — Admissibility — Ignorance of domestic remedies and lack of counsel do not excuse non‑exhaustion
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Jurisdiction — Personal/temporal/material/territorial — Declaration withdrawal does not affect pending cases filed before its effective date
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13 November 2024 |
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Court found no violation of the rights to be heard, equal protection, or dignity; reparations dismissed.
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Criminal procedure — Right to have one’s cause heard (Article 7(1)) — Evaluation of witness and corroboration — Single‑witness conviction caution — Burden of proof for human rights violations — Admissibility: exhaustion of local remedies and reasonable time — No established violation of dignity (Article 5) or equal protection (Article 3(2)).
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13 November 2024 |
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Applicant’s torture and unfair-trial claims dismissed; Court found mandatory death sentence and hanging violated rights, ordered repeal and reparatory measures.
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Human rights — jurisdiction — admissibility — exhaustion of local remedies — timeliness of application by incarcerated applicant — torture allegations — admissibility and probative assessment of confession — mandatory death penalty arbitrary and violates right to life — hanging violates dignity — reparations and legislative remedies.
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13 November 2024 |
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Whether executive measures undermined judicial and legislative independence, and if constitution adoption without referendum violated self-determination.
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Human rights — Article 20 (self-determination) — Constitution adopted by elected Constituent Assembly — referendum not mandatory; Article 26 — judicial independence — dissolution of High Judicial Council and executive interference; Separation of powers — suspension/dissolution of legislature and assumption of legislative power; Admissibility — exhaustion of domestic remedies unavailable; Reparations — operationalise Constitutional Court, repeal decree-law, reinstate High Judicial Council.
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13 November 2024 |
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Court granted the respondent 90 days to file an implementation report, reserved costs, and adjourned the hearing sine die.
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Human rights — Implementation of judgments — Request for adjournment to file compliance report — Rules 54(6) and 90
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Procedure — Adjournment and inherent powers — Reservation of costs and adjourning hearing sine die
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12 November 2024 |
| October 2024 |
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Whether detention should be suspended as a provisional measure to allow urgent medical care where alleged torture risks irreparable harm.
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Human rights — Provisional measures — Prima facie jurisdiction under Protocol — Urgency, extreme gravity and irreparable harm — Suspension of detention to enable urgent specialised medical care — Allegations of torture and right to health.
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29 October 2024 |
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Court reopened pleadings to accept State’s late Response and granted the applicant 30 days to reply.
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Procedure — Reopening pleadings — Court’s discretion under Rules 46(3), 45(1) and inherent power (Rule 90) — Interest of justice
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Human rights — Fair trial & equality — Alleged judicial bias and death sentence — Articles 7 and 3 of the African Charter
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28 October 2024 |
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Application dismissed for lack of personal jurisdiction because the State had not accepted individual access under Article 34(6).
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Human rights — Jurisdiction — Personal jurisdiction of the African Court — Effect of non-deposit of Article 34(6) Declaration — Protocol Art. 34(6) and Art. 5
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Civil procedure / Admissibility — New application versus previously determined application — Whether a decided application can constitute the cause of action for a subsequent independent filing
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16 October 2024 |
| September 2024 |
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Application dismissed for failure to exhaust domestic remedies; Court affirms jurisdiction despite sovereignty objection.
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Human rights
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— Criminal detention — Exhaustion of local remedies — Pending cassation against committal order prevents admissibility
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— Jurisdiction — State sovereignty versus international obligations — Ratified treaties bind State obligations under the Vienna Convention
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— Provisional measures — Admissibility prerequisite — Interim relief inappropriate where domestic remedies not exhausted
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3 September 2024 |
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State violated fair-trial and dignity rights by denying consular/interpretation assistance, inflicting/ignoring torture and imposing a mandatory death penalty.
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Human rights
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— Fair trial — Consular assistance and interpretation — VCCR Art.36 & ICCPR Art.14 — State duty to inform and facilitate consular/interpretation services
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— Torture and detention — Police brutality, failure to investigate and death-row phenomenon — Article 5 prohibition of torture, cruel or degrading treatment
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— Right to life — Mandatory death penalty and method of execution — Article 4; judicial discretion and prohibition of inhuman execution methods
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3 September 2024 |
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Application alleging violations of life and dignity declared inadmissible for failure to exhaust cassation appeal.
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Human rights
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— Admissibility — Exhaustion of local remedies — Cassation appeal in Burkina Faso as an available, effective and satisfactory remedy
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— Jurisdiction — Material, personal, temporal and territorial jurisdiction established
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3 September 2024 |
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Failure to provide free legal assistance in serious criminal proceedings violated the right to a fair trial.
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Criminal procedure — jurisdiction and admissibility (exhaustion, reasonable time) — fair trial — right to defence/legal assistance — Article 7(1)(c) African Charter read with Article 14(3)(d) ICCPR — identification evidence — reparations (moral damages).
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3 September 2024 |
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Whether domestic remedies were exhausted and whether the Constitutional Court’s handling violated the applicant’s fair trial right.
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Human rights
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— Jurisdiction — Material jurisdiction to hear alleged violations of Charter and other ratified instruments
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— Admissibility — Exhaustion of local remedies — Availability and effectiveness of domestic appeal, prosecutorial and judicial avenues
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Constitutional law — Fair trial — Reviewability of Constitutional Court decisions — Distinction between constitutionality and legality
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3 September 2024 |
| June 2024 |
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Request to reopen pleadings and hold a hearing dismissed for irrelevance and absence of new evidence.
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Procedure
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— Reopening pleadings — Court's discretion under Rule 46(3) and requirement of relevance/new evidence
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— Hearings — Hearing unnecessary where request to reopen pleadings is dismissed as irrelevant
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6 June 2024 |
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Mandatory death penalty and hanging violate the rights to life and dignity; other fair-trial complaints were dismissed.
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Human rights — Capital punishment — Mandatory death penalty — Arbitrary deprivation of life — Article 4 African Charter
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Criminal procedure — Fair trial — Right to be tried within reasonable time; right to defence; presumption of innocence — assessment of delay and counsel effectiveness
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Human rights — Dignity — Method of execution (hanging) — Cruel, inhuman or degrading treatment — Article 5 African Charter
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4 June 2024 |
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Court dismissed applicants' claims that denial of police promotions violated equality, access to public service, promotion and education rights.
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Human rights — Equality and non-discrimination — Alleged discriminatory denial of promotion to police academy — Application of objective statutory eligibility criteria
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Administrative law — Exhaustion of local remedies — Finality of Supreme Court Administrative Division judgments and absence of domestic remedy to challenge law compatibility
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Employment rights — Access to public service and promotion — Prior hierarchical approval and seniority/competence criteria assessed for reasonableness under ICCPR/ICESCR
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4 June 2024 |
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Failure to provide legal aid to an indigent juvenile and imposing life imprisonment violated fair trial and child-rights standards.
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Human rights — Fair trial — Right to defence — State obligation to provide free legal assistance to indigent accused facing serious charges
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Criminal law — Sentencing of juvenile offenders — Retroactive application of lenient penalties — ICCPR Article 15(1) and judicial duty to apply law most favourable to accused
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Human rights — Corporal punishment — Incompatibility with African Charter Article 5 — Requirement to amend domestic law
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4 June 2024 |
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Applications alleging unfair trial dismissed for failure to exhaust cassation remedy; Court affirms jurisdiction.
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Human rights
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— Admissibility — Exhaustion of local remedies — Requirement to exhaust cassation where available and effective
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— Jurisdiction — Effect of withdrawal of Article 34(6) Declaration — No retroactive effect on pending applications
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Criminal procedure — Fair trial — Access to appellate remedies and legal assistance — Non‑exhaustion not excused by lack of counsel or awareness
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4 June 2024 |
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Mandatory death penalty, death‑row conditions and failure to inform consular rights breached applicant's rights.
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Human rights
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— Criminal procedure — Mandatory death penalty — Arbitrary deprivation of life and requirement for judicial discretion
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— Fair trial — Right to be tried within a reasonable time — Prolonged pre-trial detention and state due diligence
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International law — Consular assistance — Failure to inform detained foreign national of Article 36 VCCR rights
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4 June 2024 |
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Mandatory death penalty and death-row conditions violated the Applicant’s rights to life and dignity; consular and trial-delay breaches also found.
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Criminal procedure — pre-trial delay — fair trial (Article 7); Consular rights — VCCR Article 36; Death penalty — mandatory sentence arbitrary — right to life (Article 4); Method of execution (hanging), death-row phenomenon and prison conditions — cruel, inhuman or degrading treatment (Article 5); Reparations — moral damages, resentencing, legislative reform, publication and reporting.
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4 June 2024 |
| May 2024 |
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Court reopened pleadings and granted the State 45 days to file its response, postponing the public hearing and reserving costs.
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Human rights
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— Procedure — Reopening pleadings and granting extensions — Court’s discretion under Rules 46(3), 45(1) and inherent power (Rule 90)
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— Persons with albinism — Alleged violations of right to life, freedom from torture, prohibition of trafficking, discrimination and access to services
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Civil procedure — Public hearing — Postponement and costs reserved for consideration with the merits
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31 May 2024 |
| March 2024 |
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Request to stay execution dismissed for lack of evidence of irreparable harm despite prima facie jurisdiction.
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Human rights
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— Jurisdiction — Prima facie jurisdiction to entertain provisional measures under the Protocol — Article 3(1) Protocol and Article 34(6) Declaration
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— Provisional measures — Stay of execution of domestic judgment — Requirements of urgency, extreme gravity and irreparable harm — Need for concrete evidence of imminent risk (eg sale or auction notices) — Article 27(2) Protocol; Rule 59(1) Rules of Court
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18 March 2024 |
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The applicant's request to abridge procedural time-limits was denied, but the application will be considered on a priority basis.
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Human rights — Inter‑State application — Request for expedited procedure — Limits of Rule 90 and protection of right to defence (Rule 44(1))
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Civil procedure — Case enrolment — Registry acknowledgment and notice of registration renders enrolment request moot
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Judicial procedure — Deliberations and judgment timeline — Complexity of allegations may preclude abridgement but permit priority consideration
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7 March 2024 |
| February 2024 |
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Mandatory death sentence and hanging violate applicants’ rights to life and dignity; fair‑trial claims were dismissed.
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Human rights
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— Fair trial — Assessment of domestic courts’ evidentiary determinations under Article 7 — Margin of appreciation for domestic adjudication
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— Right to life — Mandatory death penalty — Removal of judicial discretion renders deprivation of life arbitrary (Article 4)
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— Right to dignity — Method of execution by hanging — Cruel, inhuman or degrading treatment (Article 5)
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13 February 2024 |
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Mandatory death sentences and execution by hanging violate the Applicant's rights to life and dignity under the African Charter.
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Human rights law
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— Jurisdiction — Review of national criminal proceedings for compliance with the African Charter — Court not an appellate body but may examine conformity with Charter standards
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— Right to life — Mandatory death penalty — Mandatory imposition of death sentence incompatible with Article 4
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— Dignity — Method of execution — Execution by hanging constitutes degrading treatment incompatible with Article 5
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13 February 2024 |
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Failure to provide free counsel and a statutory ban on bail violated the applicant's defence and liberty rights.
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Human rights
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— Fair trial — Right to free legal assistance — Obligation to provide counsel to indigent accused facing serious offences — Article 7(1)(c) Charter; Article 14(3)(d) ICCPR
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— Liberty — Bail — Categorical statutory exclusion of judicial discretion on bail incompatible with Charter guarantees — Article 6 Charter; Article 9(3) ICCPR
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Procedure — Admissibility — Exhaustion of local remedies and reasonable time — Claims arising in domestic proceedings form part of the bundle of rights already litigated
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13 February 2024 |
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Mandatory death penalty violates the right to life and dignity; Court orders legislative reform and compensation.
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Human rights
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— Capital punishment — Mandatory death penalty — Arbitrary deprivation of life — African Charter Article 4
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— Dignity — Death-row detention and mandatory sentence — Cruel, inhuman or degrading treatment — African Charter Article 5
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Procedure — Jurisdiction and admissibility — Assessment of domestic criminal proceedings against international human rights standards — Exhaustion of local remedies
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13 February 2024 |
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Applicant’s letter of discontinuance permits strike‑out under Rule 65(1)(a), without prejudice to re‑listing rights.
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Human rights
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— Procedure — Withdrawal and strike‑out of application — Application of Rule 65(1)(a) of the Rules
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— Jurisdiction — Effect of State's withdrawal of Article 34(6) declaration on pending cases — Withdrawal has no effect on pending cases filed before its effective date
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6 February 2024 |
| January 2024 |
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Stay of execution pending resolution denied because interim relief would prejudge the merits of the application.
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Human rights — Provisional measures — Stay of execution pending adjudication — Interim relief identical to merits prejudges the case — Protocol art.27(2)
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24 January 2024 |