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Citation
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Judgment date
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| November 1994 |
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Complaint declared inadmissible for non-exhaustion of local remedies under Article 56(5) of the African Charter.
Admissibility – exhaustion of local remedies – arbitrary detention – torture – pending domestic proceedings – Article 56(5) African Charter.
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3 November 1994 |
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A communication was declared inadmissible for failure to demonstrate exhaustion of local remedies by the applicant.
Admissibility – exhaustion of local remedies – failure to respond to Commission’s inquiries – communication declared inadmissible.
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3 November 1994 |
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A communication was declared inadmissible for failure to exhaust domestic remedies regarding a claimed violation of fair hearing rights.
Human rights – right to fair hearing – exhaustion of local remedies – admissibility of communications before the African Commission – adequacy of notification procedures – right of appeal
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3 November 1994 |
| April 1994 |
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A complaint was declared inadmissible for failure to exhaust local remedies as required by the African Charter.
African Charter – admissibility – exhaustion of local remedies – complaint declared inadmissible for non-exhaustion of available domestic remedies.
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27 April 1994 |
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The Commission found Malawi in violation of Charter rights to liberty, fair trial, and protection from torture due to arbitrary detentions and abuse.
Human rights – arbitrary detention – right to liberty and security of person – fair trial – right to legal representation – torture and inhuman treatment – state succession and international responsibility for past abuses.
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27 April 1994 |
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Complaint about mass detentions and torture found resolved after all political prisoners were released by a new government.
Human rights – detention without charge or trial, torture, murder – change of government – release of political prisoners – satisfactory resolution.
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27 April 1994 |
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The Commission found grave human rights abuses in Togo under a former regime, but noted satisfactory redress by the current government.
Human rights – extrajudicial killings – torture – massive and grave violations of the African Charter – state responsibility for acts of previous administration – adequacy of remedies under new administration.
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27 April 1994 |
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Commission postponed a merits determination due to the State's lack of response on alleged detention without trial.
African Charter on Human and Peoples' Rights – Detention without trial – Procedural fairness – Notification to State party – Duty to respond to Commission communications.
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27 April 1994 |
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The Commission closed a wrongful-detention communication after noting the alleged detainee had been released.
Human rights – Alleged wrongful detention – Communication rendered moot by detainee's release – File closed under Article 56 of the African Charter.
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27 April 1994 |
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An amicable settlement secured the applicant’s release and the Commission closed the file under Article 56(1).
Human rights – Allegation of false imprisonment – Amicable settlement effected by a Commission member – Release of applicant – File closed under Article 56(1) of the African Charter and Rule 97 of the Rules of Procedure.
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27 April 1994 |
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The Commission deferred substantive consideration, requesting a response from Togo regarding alleged human rights violations.
African Charter – Communications procedure – notification of State concerned – consideration postponed pending State’s response.
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27 April 1994 |
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The Commission declined to take up a communication citing article 55, which governs admissibility of complaints.
African Commission – Communications – Admissibility – Article 55 – Refusal to take up matter – Request for intervention and refugee assistance
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27 April 1994 |