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Citation
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Judgment date
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| October 2013 |
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A Communication alleging violations of indigenous rights was struck out for failure to prosecute after admissibility was accepted.
Communications procedure – strike out – failure to prosecute – admissibility – exhaustion of remedies – indigenous peoples’ rights – land rights – human rights obligations – African Charter
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18 October 2013 |
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A complaint was struck out for lack of diligent prosecution after the complainant failed to submit arguments on the merits.
African Charter – Diligent prosecution – Complaint struck out – Failure to submit on merits – Admissibility and procedural rules.
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18 October 2013 |
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State failure to prevent, investigate, and remedy gender-based violence at demonstrations violated multiple rights under the African Charter.
Human rights – African Charter on Human and Peoples’ Rights – gender-based violence – sexual assault of journalists during protests – positive obligations of the state – state responsibility for acts and omissions by state agents and acquiescence to non-state actors – right to dignity, equality and non-discrimination – right to effective remedy – due diligence standard – prompt and impartial investigation – right to health – right to freedom of expression – requirement to amend laws and compensate victims.
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12 October 2013 |
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Prolonged pre-trial detention and delayed collective trials of detainees violated their fair trial rights under the African Charter.
Human Rights – fair trial – prolonged pre-trial detention – presumption of innocence – right to be tried within a reasonable time – state obligations under the African Charter – admissibility – locus standi of NGO complainants – actio popularis.
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12 October 2013 |
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Failure to notify family of execution date for a death row inmate constitutes cruel, inhuman, degrading treatment under the African Charter.
Death penalty – compulsory sentencing – due process and fair trial – functus officio doctrine – cruel, inhuman or degrading punishment – notification before execution – right to life – Article 5 of the African Charter violated.
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12 October 2013 |
| July 2013 |
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Complaint challenging Swaziland’s ban on political parties declared inadmissible due to unreasonable delay in filing after exhausting local remedies.
African Charter on Human and Peoples’ Rights – admissibility of communications – requirement of exhaustion of local remedies – requirement of submission within reasonable time – challenge to ban on political parties – failure to justify delay in submission – inadmissible complaint due to unreasonable delay.
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24 July 2013 |
| April 2013 |
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Complaint regarding unequal pension benefits following Venda’s incorporation into South Africa dismissed; no Charter violation found.
African Charter on Human and Peoples’ Rights – discrimination – equality before the law – political participation – right to work – distinction in pension entitlements – rational justification – objective criteria – no violation established.
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23 April 2013 |
| February 2013 |
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Communication on torture and ineffective remedies rejected as inadmissible due to unreasonable delay in submission to the Commission.
African Charter on Human and Peoples’ Rights – admissibility of communication – exhaustion and effectiveness of local remedies – procedural immunities for state security agents – retroactive limitation periods – reasonable time for submitting complaints to the Commission.
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25 February 2013 |