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Title
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Jurisdiction |
Date
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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. |
 African Regional Bodies
· African Union (AU)
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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. |
African Regional Bodies
· African Union (AU)
|
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. |
African Regional Bodies
· African Union (AU)
|
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. |
African Regional Bodies
· African Union (AU)
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18 October 2018 |
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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A complaint alleging human rights violations was struck out for failure to prosecute and non-compliance with procedural requirements.
African Charter on Human and Peoples' Rights – Admissibility – Diligent prosecution – Striking out of communication for failure to prosecute – Rules of procedure – Extension of time for submissions.
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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The Commission struck out the communication due to the complainant's failure to prosecute the case diligently within time limits.
African Charter on Human and Peoples' Rights – communication procedure – admissibility – striking out for want of diligent prosecution – failure to submit required submissions within prescribed time despite extensions.
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Complaint struck out for lack of diligent prosecution after complainant failed to submit required admissibility arguments.
African Charter – admissibility – non-compliance with procedural requirements – strike out for want of diligent prosecution – failure to submit admissibility arguments within extended deadlines.
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Where a complainant fails to submit admissibility arguments or engage with the process, the African Commission will strike out the communication.
African Commission procedure – striking out communication – failure by complainant to submit arguments on admissibility – lack of diligent prosecution – Rule 105(1), Rule 113, Rules of Procedure.
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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A communication was struck out due to the complainant's failure to prosecute and comply with procedural requirements on admissibility.
African Charter – procedure – admissibility – failure to prosecute complaint – communication struck out for lack of diligent prosecution.
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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A complaint was struck out by the Commission due to the complainant's failure to pursue it with due diligence.
African Commission procedure – Diligent prosecution – Striking out of communication for failure to submit required arguments on admissibility within prescribed timing – Failure to respond to Commission correspondence.
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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Selective denial of amnesty violated equal protection and fair trial rights; Uganda ordered to compensate for Charter breaches.
Human rights – Right to equal protection of the law – Grant of amnesty – Selective denial of amnesty – Right to a fair trial – Reasoned judgment – Delay in judicial proceedings – Interpretation and application of amnesty laws post-conflict – African Charter on Human and Peoples’ Rights, Articles 3, 7(1)(a) and (d).
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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Refusal to grant amnesty to a former combatant, when others similarly situated were granted amnesty, violated equal protection rights under the Charter.
Human rights – amnesty for former combatants – right to equal protection of the law – fair trial – prohibition of discrimination in application of amnesty law – prolonged detention and judicial delay – obligation of reasoned judicial decisions – concurrent application of international humanitarian law and the African Charter.
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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State’s arbitrary denial of amnesty and delay in judicial proceedings violated equal protection and fair trial rights under the African Charter.
Human rights – African Charter – Equality before the law – Selective application of amnesty – Fair trial rights – Judicial delays – Right to compensation
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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A complaint was struck out for failure to submit admissibility arguments and for lack of diligent prosecution.
African Charter communications – failure to comply with procedural requirements – admissibility – failure to diligently prosecute – communication struck out for want of prosecution.
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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Communication struck out for want of prosecution due to complainant’s failure to make required admissibility submissions.
Human rights – procedure – communications before the African Commission – admissibility – failure to make submissions or respond to correspondence – communication struck out for lack of diligent prosecution.
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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The Commission struck out the communication due to the complainant’s failure to prosecute the case diligently.
Human rights – African Charter – complaints procedure – admissibility – failure to prosecute – communication struck out for want of diligence.
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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Refusal to enforce bail orders, military trial of civilians, and state interference with courts violated the African Charter on Human and Peoples’ Rights.
Human rights – arbitrary detention – refusal to honor court-ordered bail – trial of civilians by military courts – interference with judicial independence – right to a fair trial – right to legal counsel – assault of lawyers – African Charter on Human and Peoples’ Rights, Articles 6, 7, and 26.
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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The Commission found Uganda violated the rights to liberty, fair trial, and judicial independence by arbitrarily detaining civilians and subjecting them to military courts.
Human rights – right to liberty – right to fair trial – independence of the judiciary – arbitrary detention – trial of civilians before military courts – state compliance with judicial orders – access to legal counsel.
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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State non-compliance with judicial bail orders and prosecution of civilians before military courts breaches fair trial and liberty rights.
Human rights – right to liberty and security – arbitrary detention – non-compliance with court bail orders – judicial independence – fair trial – military courts’ jurisdiction over civilians – right to legal representation – African Charter Articles 6, 7 and 26 – state obligation to respect judicial decisions.
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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African Regional Bodies
· African Union (AU)
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27 April 2018 |
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The Commission dismissed the complaint on res judicata grounds, reaffirming prior orders for Eritrea to end incommunicado journalist detention.
African Charter on Human and Peoples’ Rights – res judicata – admissibility of communications – impartiality and bias – confidentiality – incommunicado detention – state obligations – Commission powers and legal mandate – politicisation of proceedings.
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African Regional Bodies
· African Union (AU)
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27 April 2018 |
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A complaint against Eritrea was dismissed on grounds of res judicata, as the matter was previously determined by the Commission.
Human rights – African Charter – admissibility – res judicata – bias – confidentiality – politicization – incommunicado detention – press freedom – enforcement of previous decisions.
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African Regional Bodies
· African Union (AU)
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27 April 2018 |
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The Commission dismissed the case as res judicata, reaffirming Eritrea's duty to implement previous orders regarding detained journalists.
African Charter on Human and Peoples' Rights – preliminary objection – res judicata – communications previously adjudicated – alleged bias – breach of confidentiality – politicisation – Commission’s mandate and functions – non-implementation of prior decisions – reaffirmation of earlier recommendations.
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African Regional Bodies
· African Union (AU)
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27 April 2018 |
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African Regional Bodies
· African Union (AU)
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24 May 2013 |
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A partner state’s denial of entry to EAC citizens must comply with due process, non-discrimination, and other requirements under the Treaty.
East African Community law – free movement of persons – due process – non-discrimination – sovereignty of partner states – supremacy of community law – obligations of partner states under the EAC Treaty and Protocol – interplay between national law and EAC obligations – right to redress for citizens of partner states.
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African Regional Bodies
· African Union (AU)
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24 May 2013 |
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Partner States must comply with EAC Treaty and Protocol obligations when denying entry to citizens of other Partner States.
East African Community law – Regional integration – Free movement of persons – Sovereignty of Partner States – Due process rights – Non-discrimination – Supremacy of Community law over national law – Immigration and prohibited immigrants – Denial of entry without reasons violates Treaty obligations.
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African Regional Bodies
· African Union (AU)
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24 May 2013 |
