Results.
476 judgments found.
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| December 2019 |
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Court ordered joinder of two applications alleging similar fair‑trial violations against the same State under Rule 54.
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Human rights — Procedure — Joinder of interrelated cases — Whether Court may consolidate applications under Rule 54 of the Rules of Court where facts, alleged violations and Respondent are the same
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2 December 2019 |
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Court ordered joinder and consolidation of three similar fair‑trial applications arising from the same criminal trial.
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Human rights — Court procedure — Joinder and consolidation of interrelated applications — Application of Rule 54 of the Rules of Court
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Criminal procedure / Human rights — Fair trial rights — Multiple applicants from same trial alleging similar violations — Appropriateness of consolidation for administration of justice
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2 December 2019 |
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Court granted an interim stay preventing cancellation of the applicant's passport, dismissing other provisional relief as moot or premature.
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Human rights
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— Provisional measures — Urgency and irreparable harm — Stay of procedure cancelling passport
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— Jurisdiction — Prima facie competence to indicate provisional measures under Protocol Article 27 and Rule 51
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International cooperation — Extradition — Mootness of provisional relief following foreign court refusal of extradition
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2 December 2019 |
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Court ordered joinder of multiple interrelated applications against the same State under Rule 54 for proper administration of justice.
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Procedure — Joinder of cases — Consolidation of interrelated applications under Rule 54 of the Rules of Court
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Judicial composition — Recusal/exclusion of judge due to nationality — Article 22 of the Protocol and Rule 8(2) of the Rules of Court
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2 December 2019 |
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Court ordered joinder of three like-minded fair‑trial applications against the State under Rule 54 for efficient administration of justice.
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Procedural law — Joinder of cases — Rule 54 of the Rules of Court — Power to join interrelated cases for proper administration of justice
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Human rights — Fair trial — Allegations of violation of Article 7(1)(a)(b) and 7(2) of the African Charter and Article 10 UDHR — Similarity of claims and reliefs
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Judicial composition — Recusal/non‑participation — Application of Article 22 of the Protocol and Rule 8(2) of the Rules
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2 December 2019 |
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Applicant failed to show extreme gravity, urgency or irreparable harm; provisional measures to stay execution were dismissed.
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Human rights
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— Provisional measures — Extreme gravity, urgency and risk of irreparable harm
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— Jurisdiction — Prima facie jurisdiction to entertain individual applications under Article 34(6) of the Protocol
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Criminal procedure — Effect of appeal — Domestic stay of execution relevant to provisional measures
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2 December 2019 |
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A request for provisional measures was dismissed where the applicant failed to show personal urgency or irreparable harm.
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Provisional measures — requirements of extreme gravity, urgency, and irreparable harm — applicant must demonstrate personal risk — measures cannot be granted for non-parties — African Charter and Protocol jurisdiction.
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2 December 2019 |
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Applicant failed to prove extreme gravity, urgency or irreparable harm; provisional suspension of electoral body denied.
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Human rights — Provisional measures — Criteria of extreme gravity, urgency and prevention of irreparable harm
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Jurisdiction — Prima facie jurisdiction for provisional measures — Article 34(6) declaration and Article 5(3) of the Protocol
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Electoral law — Independence and neutrality of electoral bodies — Allegations without evidence insufficient to justify suspension of electoral processes
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2 December 2019 |
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Applicant failed to show extreme gravity, urgency or irreparable harm; provisional measures dismissed.
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Human rights — Provisional measures — Conditions: extreme gravity, urgency and irreparable harm
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Jurisdiction — Prima facie jurisdiction — Article 34(6) declaration and admissibility of individual applications
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Criminal procedure — Effect of appeal — Suspension of execution pending appeal
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2 December 2019 |
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Provisional measures dismissed for failure to show extreme gravity, urgency or irreparable harm and for seeking relief for non‑parties.
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Human rights — Provisional measures — Conditions: extreme gravity, urgency and prevention of irreparable harm
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Procedure — Locus standi — Applicant seeking provisional measures for non‑parties must demonstrate urgency and irreparable harm
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2 December 2019 |
| November 2019 |
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Individuals cannot intervene in ongoing African Court proceedings; application for intervention dismissed for lack of jurisdiction.
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Human rights — Procedure — Intervention — Whether individuals may intervene under Article 5(2) of the Protocol and Rule 53 of the Rules
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Jurisdiction — Personal jurisdiction — Applicability of Articles 5(1)(a), 5(3) and 34(6) of the Protocol to intervention applications
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Civil procedure — Costs — Rule 30 — Each party to bear own costs where intervention application dismissed
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28 November 2019 |
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Applicant awarded pecuniary and non‑pecuniary reparations; Benin ordered to lift seizures, reopen media and amend CRIET law.
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Human rights
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— Reparation — State obligation to make full reparation for violations — Compensation, restitution and non‑repetition — Article 27 Protocol
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— Fair trial — Violations of presumption of innocence, right to defence, non bis in idem and two‑tier jurisdiction — Remedies and causation
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Remedies — Property and economic measures — Lifting seizures and bans; reopening media; amendment of domestic law to secure non‑repetition
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28 November 2019 |
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Failure to inform indigent accused of right to counsel and to provide legal aid violated fair trial rights; sentence lawful.
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Human rights — Fair trial — Right to defence and legal assistance — State duty to inform accused and provide free counsel where interests of justice require — Article 7(1)(c) African Charter — Article 14(3)(d) ICCPR
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Criminal law — Sentencing — Principle of legality — Application of Minimum Sentences Act and law in force at time of offence — Article 7(2) African Charter
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Admissibility — Exhaustion of local remedies and reasonable time to file — Requirement met where ordinary remedies and review were pursued by incarcerated, unrepresented applicants
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28 November 2019 |
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Court found no violation of fair trial, equality or non‑discrimination and dismissed the applicant's claims.
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Human rights — Fair trial — Evaluation of domestic courts' evidentiary findings and limits of the Court's appellate role
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Admissibility — Exhaustion of local remedies and reasonable time — Ordinary remedies rule; detained applicant's constraints and pending review application
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Equality and non‑discrimination — Article 3 and Article 2 — Requirement to substantiate claims of differential treatment
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28 November 2019 |
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Court refused provisional suspension of reconstituted electoral commission absent extreme gravity, urgency and irreparable harm.
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Human rights — Provisional measures — Extreme gravity, urgency and irreparable harm — Protocol art 27(2)
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Electoral law — Independent Electoral Commission — Request to suspend implementation and appointments pending merits
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28 November 2019 |
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Arbitrary invalidation of passports violated the Applicants' rights to freedom of movement and political participation.
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Human rights — Citizenship/passports — Arbitrary revocation of passports — Freedom of movement and political participation — African Charter Arts.12(2),13(1)
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Admissibility — Exhaustion of local remedies — Constructive non‑exhaustion where applicants abroad and fear for their security
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Reparations — Moral damages and restitution — Compensation and passport reinstatement ordered
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28 November 2019 |
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Application declared inadmissible for being filed outside a reasonable time after exhaustion of domestic remedies.
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African Charter on Human and Peoples’ Rights — Jurisdiction of African Court on Human and Peoples’ Rights — Admissibility — Reasonable time — Exhaustion of local remedies
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28 November 2019 |
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Court finds State violated applicant’s rights to nationality, liberty and movement; orders release and compensation.
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Human rights
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— Nationality — Right to nationality; burden of proof and State’s duty to rebut documentary presumptions
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— Liberty — Arbitrary detention and continued detention after sentence; remedy of immediate release
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— Freedom of movement — Rights of nationals lawfully present; restrictions must be lawful and proportionate
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28 November 2019 |
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Mandatory death penalty is arbitrary and violates rights to life and dignity; Court orders legal reform and re‑sentencing.
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Human rights
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— Criminal procedure — Fair trial — Allegations of denial of right to be heard, trial within reasonable time and trial by competent court — African Charter Article 7
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— Right to life — Mandatory death penalty — Whether mandatory imposition arbitrarily deprives right to life by removing judicial discretion — African Charter Article 4
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— Dignity — Execution by hanging and mandatory death penalty — Whether method and mandatory nature amount to torture or cruel, inhuman or degrading treatment — African Charter Article 5
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28 November 2019 |
| October 2019 |
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Review application dismissed for failure to show newly discovered evidence and non-compliance with Rule 67.
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Procedural law — Review of judgment — Discovery of new evidence — Article 28(3) Protocol — Rule 67 Rules of Court
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Civil procedure — Intervention by third parties — Admissibility and delay — Requirement to show newly discovered evidence and timing
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Human rights — Right to be heard — Written proceedings and dismissal without hearing — Rules 27 and 38 of the Rules of Court
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24 October 2019 |
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Court re-opened proceedings and deemed the State’s reparations response filed, giving the applicant 30 days to reply.
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Human rights — Court procedure — Re-opening of pleadings and treatment of late filings — Whether the Court may re-open closed proceedings and deem late responses as duly filed — Protocol Art.22; Rules of Court r.8(2)
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8 October 2019 |
| September 2019 |
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Court upheld jurisdiction and exhaustion but dismissed application as filed outside a reasonable time.
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Human rights — Admissibility
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— Exhaustion of local remedies — Ordinary judicial remedies required and State must be afforded opportunity to rectify alleged violations
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— Reasonable time — Case‑by‑case assessment of delay; factors such as imprisonment, illiteracy and lack of legal assistance may justify delay
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Jurisdiction — Material jurisdiction — Court may review domestic proceedings for compliance with Charter standards but is not an appellate court
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26 September 2019 |
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Court re-opened pleadings and deemed the Respondent's late response on reparations filed in the interests of justice.
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Civil procedure — Pleadings — Re-opening of pleadings — Interests of justice — Rule 8(2) Rules of Court
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Human rights — Criminal proceedings — Right to equal protection and right to be heard — Allegations of violations under Article 3(2) of the African Charter
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26 September 2019 |
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Court consolidated four similar fair‑trial applications against the same State under Rule 54.
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Human rights — Joinder of cases — Application of Rule 54 where facts, alleged violations and remedies are similar
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26 September 2019 |
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Detained applicant's conviction upheld on identification and alibi, but State violated fair trial rights by denying free legal assistance.
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Human rights
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— Fair trial — Right to legal assistance — State obligation to provide free legal aid in serious cases — Article 7(1)(c) African Charter — Article 14(3)(d) ICCPR
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— Admissibility — Exhaustion of local remedies and reasonable time — Detainee’s restricted access to information can justify delay
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International human rights procedure — Jurisdiction — African Court may review conformity of domestic criminal proceedings with Charter standards but is not an appellate court
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26 September 2019 |
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The Court re-opened pleadings to allow the respondent State to respond to submissions on reparations in the interests of justice.
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Civil procedure — late filing of response — interests of justice — re-opening of pleadings — opportunity to reply on reparations
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26 September 2019 |
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The court ordered the joinder of two similar applications against the same state due to their analogous facts and legal claims.
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Civil procedure — Joinder of cases — Similarity of facts, alleged violations, and relief sought — Rule 54 of Rules of Procedure — Good administration of justice.
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26 September 2019 |
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State violated rights to appeal, speedy trial and liberty by withholding records needed to pursue appeal.
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Human rights — Fair trial
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— Right of appeal — Duty to provide records and access to appellate remedies within a reasonable time (Article 7(1)(a) African Charter)
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— Reasonable time — Inordinate delay at appellate stage caused by State conduct (Article 7(1)(d) African Charter)
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Human rights — Liberty — Arbitrary detention — Failure to ensure procedural safeguards enabling appeal (Article 6 African Charter)
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26 September 2019 |
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Applicants’ challenge to presidential mercy procedures inadmissible for failure to exhaust domestic remedies; 30‑year sentences upheld.
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Human rights — Presidential prerogative of mercy — Exhaustion of local remedies — Article 56(5) African Charter
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Criminal law — Sentencing — Minimum 30‑year sentence for armed robbery — Fair trial / non‑retroactivity
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Procedure — Admissibility and reparations — No reparations where no violation established
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26 September 2019 |
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Court ordered consolidation of three co-accused applicants' applications alleging similar violations against the State under Rule 54.
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Procedure — Joinder of cases and pleadings — Whether Rule 54 permits consolidation where multiple applicants, same respondent, identical facts and similar reliefs — Rule 54, Rules of Court
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Judicial conduct — Recusal and separate opinion — Member's non‑participation due to nationality and attachment of separate opinion — Article 22 Protocol; Article 28(7) Protocol & Rule 60(5), Rules of Court
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26 September 2019 |
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Applicant’s request for provisional release to Tanzania dismissed as moot after his release to Rwanda.
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Human rights — Provisional measures — Mootness where applicant subsequently released to another State — Article 27(2) Protocol
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Jurisdiction — Prima facie ratione materiae jurisdiction — Application of Article 3 of the Protocol and related human rights instruments
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26 September 2019 |
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Court ordered consolidation of two human-rights applications alleging fair-trial and related violations arising from criminal convictions.
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Civil procedure — Joinder of cases — Court’s discretion under Rule 54 — Joinder justified by similarity of facts, parties and reliefs
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Human rights — Fair trial; equality; dignity; access to justice; effective remedy — Allegations arising from criminal conviction and sentencing
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Judicial conduct — Recusal — Judge of same nationality recused; separate opinion attached (Article 28(7), Rule 60(5))
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13 September 2019 |
| August 2019 |
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The court ordered the reopening of pleadings to permit consideration of a late-filed reply in a fair trial dispute.
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Civil procedure — reopening of pleadings — late filing of reply — interests of justice — fair trial rights — opportunity to be heard.
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27 August 2019 |
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The Court reopened pleadings to allow late submissions on reparations in the interest of justice.
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African Court on Human and Peoples' Rights — procedural law — reopening of pleadings — interests of justice — late filing of response — right to reply — reparations.
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19 August 2019 |
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The Court re-opened pleadings to admit a late response in the interests of justice and procedural fairness.
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Civil procedure — African Court on Human and Peoples’ Rights — re-opening of pleadings — late filing of submissions — interests of justice — fair hearing
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19 August 2019 |
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The court reopened reparations proceedings, accepting a late response to ensure procedural fairness and a fair hearing for both parties.
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African Court on Human and Peoples' Rights — Procedure — Reopening of pleadings — Late filing of submissions — Fair hearing — Reparations phase
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19 August 2019 |
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The Court declined to grant provisional measures, finding no extreme gravity or urgency justifying interim relief.
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Provisional measures — African Court on Human and Peoples’ Rights — threshold of extreme gravity and urgency — irreparable harm — mootness of relief — jurisdiction to entertain requests for interim protection under the Charter and Protocol.
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8 August 2019 |
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Court reopened reparations proceedings and accepted the State’s late response, ordering a 30-day reply.
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Human rights — Reparations — Reopening proceedings and acceptance of late filings — Interest of justice
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Procedure — Rules of Court — Rule 63 — Timelines for reparations submissions
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7 August 2019 |
| July 2019 |
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Court awards modest moral damages, dismisses material loss claim, orders publication and periodic reporting.
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Human rights
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— Reparations — Jurisdiction to award reparations for violations arising before a State’s declaration — Article 27(1) Protocol
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— Fair trial — Remedies — Assessment of pecuniary and non‑pecuniary reparations, proof of material loss and presumed moral prejudice
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4 July 2019 |
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Private landowners’ late intervention applications dismissed: only States may seek to join proceedings and applications were untimely.
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Human rights — Intervention
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— Non‑State parties — Whether private individuals may intervene under Article 5(2) of the Protocol and Rule 53 of the Rules
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— Timing and procedure — Leave to intervene must be sought as soon as possible and before closure of written proceedings — Rule 53(1)
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4 July 2019 |
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Review dismissed because the applicant failed to present new evidence showing exhaustion of local remedies.
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Human rights — Review of judgment — Discovery of new evidence as basis for revision — Exhaustion of local remedies — Rule 67(1) of the Rules of Court
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4 July 2019 |
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Charter claim of excessive trial delay dismissed as inadmissible for failure to exhaust domestic remedies.
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Human rights — Fair trial — Right to be tried within a reasonable time — Exhaustion of local remedies
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Procedure — Admissibility — Compliance with Constitutive Act and Charter — Allegations of Charter violations suffice where demonstrated
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4 July 2019 |
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Review application dismissed for failure to produce new evidence under Rule 67; each party to bear its own costs.
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Human Rights — Review of judgment — Discovery of new evidence — Requirements under Rule 67(1) of the Rules of Court
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Procedure — Admissibility of review — Restatement of previously litigated grounds does not constitute new evidence
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4 July 2019 |
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Applicant’s failure to exhaust ordinary domestic judicial remedies rendered the human‑rights application inadmissible despite Court jurisdiction.
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Human rights — Jurisdiction — State withdrawal of Article 34(6) declaration and one‑year transitional filing period — Protocol Article 34(6)
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Human rights — Admissibility
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— Exhaustion of local remedies — Requirement to pursue ordinary judicial remedies before the Court — Article 56 of the African Charter; Rule 40 of the Rules
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— Unavailability/exceptions to exhaustion — Claim of unavailability due to security forces involvement requires evidential support
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4 July 2019 |
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Application alleging unlawful confiscation and sale of vehicle dismissed for failure to exhaust local remedies.
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Human rights
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— Admissibility — Exhaustion of local remedies — Availability, effectiveness and burden of proof
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— Jurisdiction — State withdrawal of Article 34(6) declaration — One‑year transitional filing rule
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— Property rights — Alleged arbitrary seizure and sale of property — Merits not reached due to inadmissibility
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4 July 2019 |
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Application alleging unlawful seizure and sale of vehicle inadmissible for failure to exhaust domestic remedies despite Court's jurisdiction.
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Human rights — Property rights — Seizure and sale of vehicle — Exhaustion of domestic remedies — Exceptions to exhaustion must be substantiated
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Procedure — Jurisdiction — Effect of withdrawal of Article 34(6) declaration — One‑year transitional period for filings
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4 July 2019 |
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Court awarded limited pecuniary and moral reparations for delay and lack of legal aid, denied release and ordered publication and reporting.
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Human rights
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— Fair trial — Right to be tried within reasonable time and right to legal aid — Reparations and measurement of prejudice
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— Reparations — Proof of material loss, assessment of moral damages and awards to indirect victims
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Remedies — Release, non-repetition, publication and reporting — Exceptional nature of release and publication as measure of satisfaction
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4 July 2019 |
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Applicant awarded limited moral damages for unfair trial and lack of legal aid; material damages and costs dismissed.
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Human rights — Reparations — Compensation for unfair trial and failure to provide legal aid — Assessment of material and moral prejudice
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Civil procedure/Remedies — Reparations — Proof and causal link required for material damages, presumptions for moral prejudice
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Human rights — Measures of satisfaction and implementation — Publication and reporting; legal aid legislative reform as non‑repetition measure
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4 July 2019 |
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The Court ordered the joinder of two applications by the same applicant against the same respondent due to related subject matter.
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African Court on Human and Peoples' Rights — Joinder of cases — Rule 54 — Identity of parties and subject matter — Procedural order.
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4 July 2019 |
| June 2019 |
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Challenge to Supreme Court review held not to breach rights to equality, non‑discrimination, or fair trial.
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Human rights — Jurisdiction — Effect of ratification and Article 34(6) declaration — Domestication of the Protocol not required
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Admissibility — Exhaustion of local remedies — Exception where domestic remedy would be ineffective to remedy alleged Supreme Court decision
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Fair trial — Article 7 — Impartiality — Participation of same judges on Ordinary and Review Benches and judicial comments do not automatically establish bias
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28 June 2019 |