Results.
476 judgments found.
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| May 2019 |
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Court ordered provisional stay of execution pending adjudication due to risk of irreparable harm to Charter rights.
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Human rights — Death penalty — Provisional measures — Stay of execution to prevent irreparable harm — Protocol Art 27(2) and Rules of Court, Rule 51
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Jurisdiction — Prima facie jurisdiction — Individual access under Protocol and declaration — African Charter articles invoked (3(2), 4, 7(1)(c))
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17 May 2019 |
| March 2019 |
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Special‑court retrial after an unnotified appeal violated fair‑trial guarantees, non bis in idem, judicial independence, and property rights.
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Human Rights — Fair trial
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— Competence of special courts and non bis in idem — Retrial after an unnotified appeal violated Article 7(1)(a) of the African Charter and Article 14(7) ICCPR
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— Right to defence, notification of charges, access to case file and right to counsel — Violations by CRIET
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Human Rights — Judicial independence — Executive interference by Ministerial statements — Violation of Article 26 of the African Charter
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29 March 2019 |
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Failure to appeal prosecutorial inaction to the investigating judge rendered the human-rights application inadmissible.
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Human rights
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— Admissibility — Exhaustion of local remedies — Availability of appeal to the investigating judge
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— Right to health — Allegations of occupational poisoning and State responsibility
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Procedure — Access to Court — Legal capacity of informal groups under Article 34(6) Declaration
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28 March 2019 |
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Failure to provide free legal aid in a serious criminal prosecution violated the applicant’s right to a fair trial.
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Human rights
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— Fair trial — Right to legal assistance/free legal aid — Obligation to provide free counsel where accused is indigent, charged with serious offence and interest of justice so requires
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— Evidentiary assessment — Visual and voice identification — Domestic courts’ wide margin in evaluating identification; corroboration and circumstances to exclude mistaken identity
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Procedure — Admissibility — Exhaustion of local remedies and reasonable time — Pursuit of extraordinary review and detention-related constraints may render delay reasonable
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28 March 2019 |
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Application challenging mandatory death sentence held inadmissible because the HRC had already decided the same issues.
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Human rights — Death penalty — Mandatory death sentence — Whether automatic imposition breaches rights to life and prohibition of inhuman treatment
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Procedure — Admissibility — Prior international decision — Whether HRC Views settle a matter under Article 56(7) of the African Charter
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Jurisdiction — African Court — Jurisdictional scope — Material, personal, temporal and territorial jurisdiction affirmed
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28 March 2019 |
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Whether the African Court may review domestic appellate evidence assessment and whether local extraordinary remedies must be exhausted.
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Human rights
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— Fair trial — Assessment of domestic courts’ evaluation of evidence — Whether review by the African Court amounts to appellate jurisdiction
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— Admissibility — Exhaustion of local remedies — Whether extraordinary remedies (review or constitutional petition) are required before seizing the African Court
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— Right to defence — Right to counsel and effective defence — Standards for finding violation
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28 March 2019 |
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Arrest and degrading anal search violated the Applicant's rights to residence, dignity, integrity and reasonable time to trial.
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Human rights
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— Freedom of movement and residence — Arbitrary arrest and deportation — Article 12(1) of the African Charter
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— Dignity and physical integrity — Forced anal/cavity search in detention — Degrading treatment and prohibition of ill‑treatment (Articles 5 and 4)
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— Fair trial — Right to be tried within a reasonable time — Article 7(1)(d) of the African Charter
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28 March 2019 |
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The Court ordered a stay of execution of a death sentence pending its determination of alleged trial irregularities and rights violations.
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International human rights — African Charter on Human and Peoples’ Rights — Provisional measures — Stay of execution of the death sentence pending determination of human rights application — Prima facie jurisdiction — Risk of irreparable harm.
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20 March 2019 |
| February 2019 |
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Applicant granted leave to amend application and submit further evidence before court issues judgment.
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African Court on Human and Peoples' Rights — procedure — application for amendment — leave to file further evidence — request for oral proceedings — deferral of judgment for further submissions.
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13 February 2019 |
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Applicant granted leave to amend application, adduce additional evidence and file reparations submissions within fifteen days.
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Human rights
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— Procedure — Amendment of application and adducing additional evidence under Rule 50
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— Reparations — Permission to file reparation submissions — Time limit for filing
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13 February 2019 |
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The applicant was granted leave to amend his application and file further evidence before the African Court on Human and Peoples' Rights.
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African Court procedure — application for leave to amend application and file further evidence — admissibility of new evidence — procedure—public hearing reserved.
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13 February 2019 |
| January 2019 |
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The Court reopened proceedings, permitting applicants to amend their application and provide new evidence before final judgment.
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African Court on Human and Peoples’ Rights — Procedural law — amendment of pleadings — submission of further evidence — joinder of applications — reparations — reopening of proceedings.
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31 January 2019 |
| 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 |
| November 2017 |
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Conviction for statements breached freedom of expression and trial rights were compromised by defence procedural irregularities.
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Human rights
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— Fair trial — Right to defence — Procedural irregularities, interference with witnesses and inability to examine evidence — violation of Article 7(1)(c) of the African Charter
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— Freedom of expression — Criminalisation of genocide minimisation and political criticism — necessity and proportionality of restrictions under Article 9(2) of the African Charter and Article 19 ICCPR
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International procedure — Jurisdiction and admissibility — Effect of withdrawal of Article 34(6) declaration; exhaustion of local remedies where domestic review is discretionary
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24 November 2017 |
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Court ordered stay of attachment and sale of applicant’s property pending determination of human-rights application.
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Human rights — Provisional measures — Stay of execution of domestic judgment to prevent irreparable harm — Article 27(2) Protocol; Rule 51 Rules
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Jurisdiction — Prima facie jurisdiction for interim relief — Article 3(1) Protocol; Article 34(6) declaration
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Civil procedure / Remedies — Preservation of status quo — Reporting obligation to Court within specified period
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24 November 2017 |
| September 2017 |
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Court held "all appropriate measures" may include release and measures to erase effects of fair‑trial violations.
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Human rights — Remedies and reparations — Interpretation of "all appropriate measures" — Includes release and measures to erase effects of fair-trial violations — Protocol Art. 27(1)
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Procedure — Interpretation of judgments — Admissibility of requests under Rule 66 — Purpose to facilitate execution and twelve-month time limit
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Criminal procedure — Remedying unfair-trial violations — Reopening trial not mandatory where relief would be unjust or impractical
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28 September 2017 |
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The applicant's request for implementation guidance was inadmissible for seeking advice rather than interpretation.
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Human rights — Interpretation of judgments — Admissibility and procedure — Article 28(4) Protocol; Rule 66 Rules of Court
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Election law — Independent Electoral Commission — Request for implementation guidance vs. interpretation — Court will not provide advisory design guidance
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Procedural law — Interpretation requests — Must identify operative provision(s) and aim to facilitate implementation
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28 September 2017 |
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Applicants’ failure to bring a civil action before an investigating judge rendered their application inadmissible for non-exhaustion of domestic remedies.
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Human rights — Admissibility — Exhaustion of local remedies — Civil action before an investigating judge as available and effective remedy
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Criminal procedure — Investigating judge — Powers to undertake investigations and remedy appeals — Mali Code of Criminal Procedure Articles 62, 90, 112
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28 September 2017 |
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Court ordered a stay of execution pending determination, finding extreme gravity, urgency and risk of irreparable harm.
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Human rights
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— Provisional measures — Stay of execution pending adjudication — Extreme gravity, urgency and risk of irreparable harm (Article 27(2) Protocol; Rule 51 Rules)
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— Jurisdiction — Prima facie competence to entertain individual communications — Declaration under Article 34(6) of the Protocol
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28 September 2017 |
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Failure to provide free legal assistance violated the applicant's fair trial rights under the African Charter.
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Human Rights
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— Fair trial — Right to legal assistance — State obligation to provide free legal assistance suo motu in serious criminal proceedings — African Charter Art.7(1)(c)
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— Jurisdiction and admissibility — Exhaustion of local remedies and reasonable time — Extraordinary remedies in Tanzanian law not required before international filing
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Criminal Law — Sentencing — Challenge to retroactive application of harsher sentence dismissed where higher minimum had been in force since 1994
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28 September 2017 |
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Court ordered provisional measures securing detainee's access to counsel, family contact, and medical care pending merits.
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Human rights
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— Provisional measures — Criteria of extreme gravity, urgency and risk of irreparable harm — Article 27(2) Protocol
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— Jurisdiction — Effect of withdrawal of Article 34(6) declaration — Temporal application and prima facie jurisdiction
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— Rights of detained persons — Access to counsel, family contact, and medical care — Articles 7, 18, 5, 4 and 9 of the African Charter
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28 September 2017 |
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Application dismissed for failure to prove exhaustion of local remedies as required by Rule 34.
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Human rights
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— Admissibility — Exhaustion of local remedies — Proof required under Rule 34(4) of the Rules of Court
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— Procedure — Non‑compliance with procedural admissibility requirements — Dismissal and striking off for failure to demonstrate exhaustion of domestic remedies
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28 September 2017 |
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Arbitrary re-arrest and lack of legal aid rendered the applicants' trial unfair; Court orders remedial measures.
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Human rights
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— Fair trial — Identification parade procedural safeguards — Admissibility of identification evidence and effect on fairness of trial
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— Right to legal assistance — Obligation to provide free legal aid on appeal where applicants are indigent and interests of justice warrant it
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— Liberty — Arbitrary re-arrest after acquittal — Prohibition of re‑arrest on same facts without reasonable grounds
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28 September 2017 |
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Whether "all necessary measures" requires release or retrial and whether retrial is expressly prohibited by the Court.
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Human rights — Remedies — Scope of "all necessary measures" as reparation to erase effects — Protocol Art.27(1)
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Civil procedure — Interpretation of judgment — Admissibility of interpretation applications filed late — Rule 66(1)
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Criminal procedure — Reopening and retrial — Meaning of "precluding" and prohibition of retrial
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28 September 2017 |
| May 2017 |
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Whether eviction and non-recognition of an indigenous community violated Charter rights to land, culture, religion, development and non‑discrimination.
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Human rights
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— Indigenous peoples — Recognition of indigenous status and rights to ancestral land, culture and natural resources — African Charter Articles 14, 21, 22
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— Non-discrimination — Failure to recognise indigenous/tribal status as discriminatory conduct — African Charter Article 2
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Procedure — Admissibility — Exhaustion of local remedies and Commission referral to Court — Rule 40(5), Article 5(1)(a) Protocol
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26 May 2017 |
| March 2017 |
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Request to suspend a referendum on presidential term‑limit amendment dismissed as overtaken by events.
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Human rights — Interim measures — Request to suspend referendum amending presidential term limits — Mootness/overtaken by events — Protocol art.27(2); Rule 51
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Constitutional law — Presidential term limits — Alleged prohibition on amendments extending terms — Charter on Democracy art.23(5)
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24 March 2017 |
| November 2016 |
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18 November 2016 |
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The Court ordered provisional measures to prevent a death penalty execution pending determination of an alleged fair trial violation.
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International human rights law — right to fair trial — provisional measures — death penalty — risk of irreparable harm — jurisdiction of the African Court on Human and Peoples’ Rights — preservation of status quo pending determination of main application.
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18 November 2016 |
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The Court ordered a stay of execution for a death row applicant pending determination of alleged rights violations.
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Human rights — death penalty — provisional measures — irreparable harm — right to fair trial — delay in review application — African Charter on Human and Peoples’ Rights — jurisdiction of the African Court — preservation of status quo pending determination.
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18 November 2016 |
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The Court ordered a stay of execution for death row applicants, finding a risk of irreparable harm pending determination of their case.
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Death penalty — provisional measures — irreparable harm — jurisdiction of the African Court — human rights protection — right to life — extreme gravity — preservation of status quo pending determination of merits.
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18 November 2016 |