African Commission on Human and Peoples Rights

254 judgments
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254 judgments
Citation
Judgment date
October 2024
Court lacks jurisdiction as Respondent State did not deposit Declaration for cases from individuals and NGOs.
African Charter – Jurisdiction – Declaration required under Article 34(6) – Lack of personal jurisdiction.
16 October 2024
The African Court dismissed requests for provisional release and election candidacy barriers, pending main case examination.
Human Rights – Provisional measures – Prima facie jurisdiction – Detention of political figures – Election rights.
3 October 2024
Court orders suspension of decrees allowing presidential dismissal of judges to prevent potential rights violations.
Human rights - judicial independence - provisional measures - executive interference with the judiciary - Article 27(2) of the Protocol.
3 October 2024
The court found the main provisional requests related to Tunisia's electoral process inherently connected to the application merits, thus dismissing them.
Human Rights - Provisional Measures Request - Integrity of Electoral Process - Presidential Election Candidacy Requirements.
3 October 2024
May 2024
23 May 2024
November 2022
Sudan arbitrarily detained political activists, violating their rights to liberty, fair trial, expression, and association under the African Charter.
Human rights – Arbitrary detention – Right to personal liberty – Conditions of detention – Torture and inhuman treatment – Fair trial rights – Freedom of expression – Freedom of association – State obligations under African Charter.
9 November 2022
The African Commission struck out a complaint on deportation of refugees for lack of diligent prosecution.
Human Rights Law – Deportation of asylum seekers – violation of international law obligations by Nigeria – trial before military tribunal in Cameroon.
9 November 2022
Communication against Kenya struck out due to complainants' failure to prosecute diligently and submit necessary admissibility evidence.
Human rights law - Evictions - Admissibility of complaints - Failure to submit evidence - Dismissal for want of prosecution
9 November 2022
August 2022
Sudan found liable for rights violations including torture, rape, and gender discrimination, failing to provide effective remedy.
Human Rights – Torture and Sexual Violence – Gender Discrimination – State's Obligation to Provide Effective Remedies – Freedom from Arbitrary Detention.
2 August 2022
May 2022
Commission finds Sudan violated prisoners' rights under African Charter due to unfair trials and torture.
Human rights – Fair trial – Anti-terrorism courts – Right to life – Torture and inhumane treatment – Obligation to investigate torture allegations.
13 May 2022
March 2022
Djibouti's request to withdraw its communication against Eritrea was granted, closing the case.
International Law – African Charter – Human Rights – Withdrawal of communication – Djibouti v. Eritrea.
9 March 2022
Madagascar violated African Charter by denying electoral candidacy without hearing defense and imposing unreasonable legal restrictions.
Human rights - Electoral law - right to participate in government - natural justice - right to be heard - unjustified legislative restrictions.
9 March 2022
December 2021
3 December 2021
October 2021
The African Commission found Egypt violated multiple Charter articles by arbitrarily detaining and torturing a detainee without charges or trial.
Human Rights – Arbitrary detention and torture – Violation of the African Charter – Lack of judicial oversight – Failure to investigate allegations of torture.
20 October 2021
The African Commission found Egypt violated African Charter rights during a violent protest breakup.
Human rights - Right to life and dignity - Freedom of assembly and association - Excessive use of force - Detention conditions.
20 October 2021
The Commission found no violation of voting rights under the African Charter due to residency-based limitations.
Voting rights - Residency requirement and external voting limitations - Non-discrimination under African Charter
20 October 2021
The Commission dismissed Ethiopia's motion to review, emphasizing lack of valid representation and compelling new facts.
Human Rights – African Charter – Amicable settlement – Representation validity – Review of decisions – Compensation adequacy
14 October 2021
July 2021
The removal of a judge in Eswatini violated his right to a fair trial and judicial independence.
Human rights – Fair trial – Judicial impartiality and independence – Right to a public hearing – Violation of judicial independence.
19 July 2021
April 2021
26 April 2021
17 April 2021
Rwanda's criminal defamation laws infringe on freedom of expression rights under the African Charter.
Human rights law - Right to freedom of expression - Criminal defamation - Fair trial rights - Proportionality of restrictions under Article 9 of the African Charter.
16 April 2021
September 2020
The Communication was declared inadmissible due to the Complainant's lack of legal standing following its dissolution.
Human rights - Locus standi - Requirement under Article 56(1) for Complainant to have juridical existence at the time of filing - Admissibility of Communication.
9 September 2020
August 2020
The communication was inadmissible due to the failure to exhaust local remedies under the African Charter.
Human Rights - Admissibility - Exhaustion of local remedies - Death in custody - Investigation obligation under the African Charter
17 August 2020
The Commission ruled inadmissible a complaint of unfair trial due to unreasonable delay in filing post-local remedies exhaustion.
Human rights - Fair trial - Exhaustion of local remedies - Admissibility of Communication under African Charter.
17 August 2020
The Communication was struck out for lack of diligent prosecution by the Complainants.
Human Rights – Admissibility – Diligent Prosecution – Communication struck out due to lack of follow-up by Complainants.
17 August 2020
The African Commission granted the request to withdraw the communication against The Gambia, closing the case.
16 August 2020
November 2018
Sudan violated multiple human rights articles by engaging in arbitrary arrests, torture, unfair trials, and religious persecution.
Human rights violations – Sudan – Arbitrary arrests, torture, and denial of fair trial – Religious persecution – Violation of Articles 2, 4, 5, 6, 7, 8, 9, 10, 26 of the African Charter.
15 November 2018
Communication struck out due to complainant's lack of diligence in prosecuting under the African Charter.
Human Rights - African Charter - Admissibility - Diligent Prosecution - Complaint struck out for lack of prosecution.
13 November 2018
October 2018
Complaint against Egypt struck out for lack of diligent prosecution due to Complainant's non-compliance with procedural timelines.
Human Rights - Procedure - Diligent prosecution of complaints - Admissibility - African Charter on Human and Peoples' Rights.
18 October 2018

The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

18 October 2018
The African Commission struck out a human rights complaint against Egypt for lack of diligent prosecution.
Human Rights Law – Admissibility of Communications – Lack of Diligent Prosecution – African Charter on Human and Peoples' Rights – Military Coup - Egypt.
18 October 2018

The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights.

18 October 2018
Complaint against Egypt struck out for lack of diligent prosecution; no submissions were made on case admissibility.
Human Rights - lack of diligent prosecution - failure to provide submissions on admissibility - communication struck out.
18 October 2018
The Communication was struck out for lack of prosecution due to failure in submitting necessary admissibility evidence.
Human rights - unlawful arrest, detention, military trial of civilians - torture and inhuman prison conditions - procedural default by complainant.
18 October 2018
The Commission declared the complaint inadmissible due to non-exhaustion of local remedies and use of disparaging language.
African Charter – Admissibility of communication – Non-exhaustion of local remedies – Use of disparaging language in complaints.
18 October 2018
The communication was struck out for lack of diligent prosecution by the complainant.
Human Rights – Failure to prosecute communication diligently – Admissibility submissions not filed within deadlines.
18 October 2018
Uganda’s differential application of its Amnesty Act violated rights to equal protection and fair trial under the African Charter.
Human Rights - Amnesty denial - Equal protection under African Charter - Fair trial violations - Indefinite detention
17 October 2018
Case struck out as the complainant failed to prosecute the communication diligently.
Human Rights - African Charter Violations - Admissibility compliance - Diligent prosecution in human rights communications.
17 October 2018
September 2018
Communication inadmissible as Burundi was not a party to the African Charter on Human and Peoples' Rights.
Human Rights - Admissibility of communications - Requirement for State to be a party to the African Charter.
7 September 2018
August 2018
Communication withdrawn as Complainant no longer wishes to pursue, citing Victim's release and lawyer's arrest.
Human rights - unlawful detention and torture - exhaustion of local remedies - withdrawal of communication.
8 August 2018
April 2018
Discrimination and religious freedom violations arose from refusal to recognize Baha'i faith on official documents and personal status matters.
Human rights - freedom of religion - discrimination - recognition of unapproved religions on official documents - neutral legal regime for civil status
28 April 2018
Communication inadmissible due to unreasonable delay in filing after exhausting local remedies, non-compliance with Article 56(6).
Human rights - fair trial rights under the African Charter - exhaustion of local remedies - unreasonable delay in filing a complaint
28 April 2018
State's refusal to respect court orders violates personal liberty and fair trial rights under African Charter.
Human Rights Law – Personal liberty – Fair trial rights – Judicial independence – Implications of military court jurisdiction on civilians
28 April 2018
The Commission upheld res judicata, dismissing re-litigation on journalist detention previously decided in Article 19 v Eritrea.
Human rights - African Charter - Detention without trial - Res judicata - Admissibility of resubmitted cases - Bias and confidentiality allegations.
27 April 2018
March 2018
The Complaint against Egypt's rent control laws was not seized due to failure to exhaust domestic remedies and delay.
Human rights - property rights - rent control laws - exhaustion of domestic remedies - timeliness of complaints
6 March 2018
The African Commission struck out the communication due to complainants' failure to submit admissibility arguments.
International Human Rights Law – Procedural adherence – Admissibility of communications – Striking out for lack of prosecution.
6 March 2018
February 2018
Case struck out for lack of prosecution, emphasizing exhaustion of domestic remedies in human rights claims.
Human Rights - Admissibility of Communications - Exhaustion of Domestic Remedies - Forced Disappearance and Torture in Egypt
22 February 2018
The complaint was struck out for lack of diligent prosecution due to procedural non-compliance.
Human Rights - African Charter - failure to prosecute - procedure for admissibility - lack of interest by complainant - strike out of communication.
22 February 2018
October 2017
The communication was inadmissible due to failure to exhaust domestic remedies in a property rights case against Mozambique.
Human Rights - African Charter Article 7 and 14 violations - expropriation and right to fair trial - exhaustion of domestic remedies.
23 October 2017
July 2017
Communication deemed inadmissible due to non-exhaustion of local remedies under Article 56 of the African Charter.
Human Rights Law – Admissibility of communication – Exhaustion of local remedies under Article 56 of the African Charter.
13 July 2017