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Citation
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Judgment date
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| November 1997 |
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The Commission found no Charter breach in the arrest and conviction of a drug trafficking suspect in airport transit in Egypt.
Human rights – African Charter – Detention and criminal procedure – Admissibility ratione materiae – Exhaustion of local remedies – Fair trial – Airport transit – Drug offenses – No Charter violation found.
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11 November 1997 |
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Angola's mass expulsion of West African nationals without due process violated several rights under the African Charter.
Human rights – mass expulsion – non-nationals – right to due process – right to property – family rights – discrimination – remedies for mass expulsions – state obligations under African Charter.
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11 November 1997 |
| April 1997 |
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A communication was declared inadmissible due to insulting language and lack of specificity under Article 56 of the African Charter.
African Commission on Human and Peoples' Rights – admissibility – communication – insulting or disparaging language – lack of specificity – requirements for admissibility under Article 56 of the African Charter.
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24 April 1997 |
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Failure to reinstate a former magistrate after arbitrary detention and unfair trial violated rights to fair trial, liberty and work.
Human rights – arbitrary detention – fair trial – right to work – exhaustion of local remedies – amnesty law – reinstatement of civil servant – violation of Articles 6, 7(1)(b), 7(1)(d), and 15 of the African Charter.
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24 April 1997 |
| October 1996 |
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Detention without trial for seven years found to violate rights to liberty and to trial within a reasonable time under the Charter.
Human rights – unlawful detention – detention without charge or trial – right to liberty and security of person – right to be tried within a reasonable time – local remedies – exhaustion – right to return to one’s country – African Charter on Human and Peoples’ Rights, arts 6, 7.1(d), 12(2).
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31 October 1996 |
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A communication was declared inadmissible due to lack of contact with the complainant or legal successor.
Human rights – African Charter – admissibility of communications – loss of contact with complainant – requirement to indicate author – no contact with complainant or legal successor – communication inadmissible.
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31 October 1996 |
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Serious and massive human rights violations in Rwanda found, including arbitrary detention, expulsion, discrimination, and denial of fair trial.
Human rights – Serious and massive violations – arbitrary arrest and detention – summary execution – torture – expulsion of refugees – mass expulsion on nationality/ethnic grounds – admissibility of communications where local remedies ineffective – non-discrimination – fair trial and due process – state obligation to prevent and remedy violations under the African Charter.
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31 October 1996 |
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A complaint alleging inadequate voter registration controls was amicably resolved following state recognition of the need for electoral reform.
Electoral law – voter registration – failure to require adequate identification – right to participate in government – amicable resolution – reform of electoral system – exhaustion of local remedies – admissibility of communication.
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31 October 1996 |
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Mass expulsion of West Africans from Zambia without due process violated the African Charter's ban on discrimination and fair hearing rights.
Human rights – mass expulsion; discrimination on the basis of nationality or ethnic origin; fair hearing rights; exhaustion of local remedies – African Charter on Human and Peoples' Rights, Articles 2, 7.1(a), and 12(5).
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31 October 1996 |
| April 1996 |
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The Commission found grave and massive violations of multiple Charter rights by the government, including torture, detention, executions, and neglect of health and education.
Human rights – torture – extrajudicial executions – arbitrary detention – fair trial – freedom of religion – right to health and education – grave and massive violations – duty of state to respond to Commission communications.
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4 April 1996 |
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The Commission found serious or massive violations of multiple Charter rights by the government, including torture, arbitrary detention, and denial of basic services.
Human rights – torture and inhuman treatment – arbitrary arrest and detention – extrajudicial execution – freedom of religion and conscience – right to a fair trial – right to health and education – serious or massive violation – non-cooperation by state – requirements for exhaustion of local remedies in large-scale violations.
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4 April 1996 |
| October 1995 |
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The Commission found grave and massive violations of the African Charter due to systemic human rights abuses by the respondent state.
Human rights – grave and massive violations – torture, arbitrary detention, extrajudicial executions, unfair trial, suppression of freedom of conscience, denial of health care and education – exhaustion of local remedies – uncontested communications – African Charter, Articles 4, 5, 6, 7, 8, 16, 17.
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31 October 1995 |
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State liability for serious and massive rights violations upheld despite civil war; non-derogation from African Charter obligations affirmed.
Human rights – state responsibility – civil conflict – non-derogation from Charter rights – Government failure to prevent or investigate violations – massive and serious breaches – African Charter articles 4, 5, 6, 7.
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11 October 1995 |
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Complaint about refusal to register a trade union declared inadmissible due to failure to exhaust local remedies.
African Charter on Human and Peoples’ Rights – Admissibility – Exhaustion of local remedies – Trade union registration – Government interference – Communication declared inadmissible for failure to exhaust domestic remedies.
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11 October 1995 |
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Communication dismissed as inadmissible for failure to provide the complainants' address as required by Article 56.
Admissibility – communication before the African Commission – failure to furnish complainants' contact details – Article 56 of the African Charter – procedural requirements for identification of complainants – inadmissibility declared.
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7 October 1995 |
| March 1995 |
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A complaint was closed when the complainant failed to pursue it after the alleged victim's release from detention.
Human rights – Detention without charge – Inadmissibility for lack of prosecutorial interest – Article 56 African Charter; closure of file upon withdrawal or inaction by complainant.
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22 March 1995 |
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A complaint was declared inadmissible for failure to exhaust local remedies in seeking enforcement of a foreign judgment.
Human Rights – Admissibility – exhaustion of local remedies – enforcement of foreign judgments – diplomatic immunity – right to have cause heard under African Charter.
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22 March 1995 |
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The Commission closed the communication after the complainant failed to respond to follow-up inquiries following the detainee's release.
Administrative closure – loss of contact with complainant – follow-up inquiries after information of detainee's release – communication closed after no response to two reminders.
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22 March 1995 |
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Commission closed communication on alleged wrongful detention after receiving information that the matter was being amicably resolved.
Human rights — alleged wrongful detention — amicable settlement reported by respondent and independent sources — file closed under Article 50 of the African Charter.
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22 March 1995 |
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Prohibiting judicial appeals and using executive-dominated tribunals for capital offences violate African Charter fair trial rights.
Human rights – fair trial rights – right to appeal – right to be tried by an impartial tribunal – adequacy of remedies – special criminal tribunals – violation of Article 7 of the African Charter.
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22 March 1995 |
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Special tribunal procedures denying appeal, impartiality, and defence counsel found to violate fair trial rights under the African Charter.
Human rights – Fair trial – right to appeal, right to legal representation, and right to an impartial tribunal – special military tribunal – denial of judicial review – African Charter, Article 7(1)(a), (c), (d)
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22 March 1995 |
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Commission closed an alleged false imprisonment communication after withdrawal following the detained person’s release or death.
Human rights – alleged false imprisonment – communication withdrawn – case closure – Article 114 Rules of Procedure – Article 56 African Charter.
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22 March 1995 |
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A complaint is inadmissible where a state had not ratified the Charter at the time and the submission is vague and incoherent.
Human rights – admissibility – jurisdiction ratione temporis – vagueness and incoherent communications – inadmissibility of claims for violation occurring before state ratification of the Charter.
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22 March 1995 |
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The Commission closed the file since the applicant was released and the rights violation was resolved.
Human rights – Prolonged detention – release and resolution before determination – mootness – closure of file by Commission.
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22 March 1995 |
| 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 |
| April 1993 |
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A communication was declared inadmissible as the alleged matter had already been settled under applicable human rights instruments.
African Charter on Human and Peoples' Rights – Admissibility – Article 56(7) – Communication inadmissible where matter has been settled in accordance with the principles of the Charter or related international instruments.
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7 April 1993 |
| March 1993 |
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The applicant withdrew a freedom-of-expression communication; the Commission accepted the withdrawal and closed the file under Article 56.
Freedom of expression; withdrawal of communication; closure of file under Article 56 of the African Charter; no merits determination.
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24 March 1993 |
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Application dismissed for failure to exhaust local remedies as required by Article 56 of the African Charter on Human and Peoples' Rights.
Human rights – denial of nationality – admissibility of complaint – requirement of exhaustion of local remedies before seeking international redress.
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3 March 1993 |
| August 1992 |
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The applicant's communication providing only general information about the respondent's political situation raised no specific Charter breaches and was closed.
African Commission – Communications – General information about political situation – Lack of specific allegations of Charter breaches – File closed under Article 56.
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12 August 1992 |
| January 1992 |
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A request for Katanga’s independence was denied due to lack of evidence of grave rights violations or denial of political participation.
African Charter – right to self-determination – secession – sovereignty and territorial integrity – territorial integrity – standard for justifying independence – participation in government
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1 January 1992 |
| January 1991 |
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1 January 1991 |
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State's denial of due process and resulting damages found to violate Article 7; remedy to be set by national law.
Human rights – due process – Article 7 of the African Charter – false imprisonment – miscarriage of justice – damages – determination of quantum under domestic law.
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1 January 1991 |
| October 1990 |
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Failure to exhaust local remedies renders a communication inadmissible before the African Commission on Human and Peoples’ Rights.
Human rights – exhaustion of local remedies – admissibility – African Charter article 55 – wrongful eviction – Commission’s jurisdiction precondition
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4 October 1990 |
| April 1990 |
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The African Commission dismissed a communication for lack of jurisdiction against states not party to the African Charter.
African Charter on Human and Peoples' Rights – Jurisdiction – Admissibility – Complaint against non-party states – Inadmissibility.
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28 April 1990 |
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A communication against a non-party state to the African Charter is inadmissible before the African Commission.
African Charter on Human and Peoples’ Rights – Admissibility – communications against non-party State – inadmissible under Article 101 of Rules of Procedure.
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28 April 1990 |
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A communication is inadmissible against a State that is not a party to the African Charter on Human and Peoples' Rights.
African Charter on Human and Peoples' Rights – Admissibility – Whether the Commission can receive communications against States not party to the Charter – Lack of jurisdiction.
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28 April 1990 |
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A communication against a non-party state to the African Charter was declared inadmissible by the African Commission.
International human rights law – African Charter on Human and Peoples' Rights – admissibility – communication against state not party to Charter – inadmissibility under Article 101 of Rules of Procedure.
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28 April 1990 |
| November 1989 |
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A communication against a non-party to the Charter declared inadmissible for lack of jurisdiction under Article 101.
African Charter on Human and Peoples' Rights – Admissibility of communications – Complaint directed against State not party to the Charter – Lack of jurisdiction – Inadmissibility under Article 101 of the Rules of Procedure.
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4 November 1989 |
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A communication against a State not party to the African Charter is inadmissible before the African Commission.
African Charter on Human and Peoples' Rights – Admissibility of Communication – Jurisdiction of Commission – Non-party State – Communication declared inadmissible for lack of jurisdiction.
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4 November 1989 |