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Citation
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Judgment date
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| November 2008 |
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A complaint alleging judicial intimidation was declared inadmissible for failure to exhaust local remedies and delayed filing.
African Charter on Human and Peoples' Rights – Admissibility – Exhaustion of local remedies – Reasonable period for submission – Personal security and independence of judiciary – Burden of proof for fear and intimidation claims.
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24 November 2008 |
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Military trials of civilians by unqualified military courts without appeal violate the right to a fair and impartial trial under the African Charter.
Fair trial – Military courts – civil jurisdiction – independence and impartiality of tribunals – right to appeal – exhaustion of local remedies – Articles 7 and 26 of the African Charter – State obligations to harmonise national law with international human rights commitments.
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24 November 2008 |
| July 2008 |
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Restrictions on access to political office and blanket immunity for officials violate equal participation and effective remedy guarantees under the African Charter.
African Charter – constitutional law – right to participate in government – discrimination on basis of parental origin and nationality; blanket immunity for public officials – denial of access to justice and effective remedy; exhaustion of local remedies – constitutional revision unavailable to individuals.
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29 July 2008 |
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A communication on corruption and right to education was declared inadmissible for failure to exhaust local remedies.
Exhaustion of local remedies – Admissibility of communications – Socio-economic rights – Justiciability of African Charter rights in national courts – Prima facie violation of Charter – Effectiveness of domestic remedies – Requirement to exhaust local remedies before recourse to international tribunal.
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29 July 2008 |
| May 2008 |
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Arbitrary mass expulsions and abuses of non-nationals in Angola violated multiple rights under the African Charter, requiring redress.
Human rights – mass expulsion of non-nationals – arbitrary arrest, detention and deportation – right to due process – non-discrimination – inhuman and degrading treatment – right to property – right to work – obligations under the African Charter on Human and Peoples' Rights.
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22 May 2008 |
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Discriminatory land tenure law violated Charter rights to equality and property despite subsequent legislative amendment.
Human rights – right to equality and non-discrimination – right to property – discrimination based on national origin – rural land tenure – exhaustion of local remedies – legislative amendment and continuing effects – admissibility of communication against pre-existing law.
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22 May 2008 |
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Failure to substantiate judicial discrimination or rights violations in electoral disputes does not establish a breach of the African Charter.
Human rights – African Charter – right to equal protection of the law – right to a fair hearing within a reasonable time – right to participate in government – judicial independence – election-related petitions – admissibility and burden of proof – standard for demonstrating State discrimination and judicial bias.
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22 May 2008 |