Results.
204 documents found.
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Jurisdiction |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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 African Regional Bodies
· African Union (AU)
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18 October 2018 |
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The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights
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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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Communication struck out for lack of diligent prosecution after complainant failed to file admissibility submissions or seek extension.
Human rights — Communications to African Commission — Admissibility and diligent prosecution — Failure to file admissibility submissions or seek extension — Rules 105(1) and 113
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication struck out for lack of diligent prosecution after complainant failed to file admissibility submissions or seek extension.
Human rights — Admissibility — Diligent prosecution and striking out for failure to prosecute
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication struck out for lack of diligent prosecution after complainant failed to meet admissibility deadlines.
Human rights — Admissibility — Diligent prosecution — Failure to submit admissibility arguments and non‑response to Commission correspondence — Rules 105(1) & 113
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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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Communication inadmissible for disparaging language and failure to exhaust domestic remedies under Article 56.
Human rights — Admissibility — Exhaustion of local remedies — Availability, effectiveness and undue prolongation — African Charter Art.56(5)
Human rights — Admissibility — Disparaging or insulting language — Integrity of judiciary — African Charter Art.56(3)
Human rights — Admissibility — Time requirement — Reasonable period pending exhaustion of domestic remedies — African Charter Art.56(6)
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication inadmissible for disparaging language and failure to exhaust domestic remedies and timeliness requirements.
Human rights — Admissibility — Disparaging or insulting language — Protection of judicial dignity
Human rights — Admissibility — Exhaustion of local remedies — Availability, effectiveness and sufficiency criteria
Human rights — Admissibility — Timeliness and undue prolongation — Pending domestic appeals
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication inadmissible for disparaging language and failure to exhaust domestic remedies under Article 56.
Human rights — Admissibility — Exhaustion of local remedies — Availability, effectiveness and sufficiency of domestic remedies
Human rights — Admissibility — Disparaging or insulting language — Article 56(3) and protection of judicial integrity
Procedure — Time limits — Reasonable period for submission following exhaustion of domestic remedies — Article 56(6)
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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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Communication struck out for lack of diligent prosecution after complainant failed to submit admissibility arguments.
Human rights — Admissibility — Diligent prosecution and striking out for failure to submit admissibility arguments — Commission Rules 105(1) and 113
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Commission struck the communication for lack of diligent prosecution after missed admissibility deadlines.
Civil procedure — Procedure — Extensions of time — Commission’s discretion to grant limited extensions — Non‑compliance may result in striking out
Human rights — Admissibility — Diligent prosecution
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African Regional Bodies
· African Union (AU)
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18 October 2018 |
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Communication struck out for lack of diligent prosecution after complainant failed to file admissibility submissions despite granted extensions.
Human rights — Communications — Diligent prosecution — Failure to submit admissibility arguments within prescribed time — Rules 105 & 113
Procedure — Extensions of time — Discretion to grant limited extensions and strike out where no compliance — Evidence of receipt of 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 equality; unexplained appellate stay and delay breached fair trial rights.
Human rights — Equality before the law — Selective denial of amnesty under domestic Amnesty Act — Article 3 African Charter
Human rights & IHL — Detention and treatment in non‑international armed conflicts — Application of Common Article 3 and Protocol II as lex specialis for interpreting Charter rights — Arts 60 & 61 African Charter
Fair trial — Reasoned judgments and undue delay — Stay without reasons and lack of quorum infringing Article 7 rights
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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State breached the victim’s rights to equal protection and to a reasoned, timely hearing under the African Charter.
Human rights — equality before the law — Discriminatory application of amnesty
Human rights — Fair trial
International law — International humanitarian law — Non‑international armed conflict — Application of Common Article 3 and Protocol II as lex specialis for detainee treatment
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African Regional Bodies
· African Union (AU)
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17 October 2018 |
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The victim was unlawfully denied equal application of the Amnesty Act and deprived of a reasoned and timely judicial remedy.
Human rights — Admissibility — Exhaustion of domestic remedies where highest court lacked quorum — Availability and undue prolongation
Human rights / IHL — Armed conflict (non-international) — Treatment of captured combatants; IHL as lex specialis for detention standards
Human rights — Equality & fair trial — Denial of amnesty and stay without reasons — Right to equal protection and reasoned judicial decisions
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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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Communication struck out for lack of diligent prosecution after complainant failed to file admissibility submissions.
Human rights — Admissibility — Diligent prosecution — Failure to submit admissibility arguments within prescribed time limits
Human rights — Detention and ill-treatment — Allegations of torture, forced disappearance, denial of medical care and unfair trial under the African Charter
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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 lack of diligent prosecution after complainant failed to submit admissibility submissions.
Human rights — Diligent prosecution — Strike out for failure to prosecute timely
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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 lack of diligent prosecution after complainant failed to file admissibility submissions or seek extension.
Human rights — Communications procedure — Diligent prosecution and striking out — Failure to submit admissibility arguments/seek extension — Rules 105 & 113, Rules of Procedure
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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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21 June 2018 |
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A ministerial ban on a newspaper's publication was found to contravene regional treaty commitments on press freedom and human rights.
Human rights — Freedom of expression
Human rights — Freedom of expression — Press freedom
Human rights — Freedom of expression — Press freedom — Treaty obligations
Human rights — Freedom of expression — Proportionality and reasonableness
Human rights — Freedom of expression — Proportionality and reasonableness — Violation of right to freedom of expression
Human rights — Freedom of expression — Right to fair process
Human rights — Freedom of expression — Right to fair process — Justiciability of regional treaty principles
Human rights — Freedom of expression — Treaty for the Establishment of the East African Community
Human rights — Freedom of expression — Treaty for the Establishment of the East African Community — Ministerial orders banning publication
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African Regional Bodies
· African Union (AU)
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21 June 2018 |
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A ministerial ban on a newspaper publication was found to violate East African Community Treaty obligations on press freedom and human rights.
Human rights – freedom of expression – press freedom – restrictions on media publication – proportionality and lawfulness of administrative orders – violation of regional treaty obligations – East African Community – duty of good governance and rule of law.
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African Regional Bodies
· African Union (AU)
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21 June 2018 |
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African Regional Bodies
· African Union (AU)
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24 May 2018 |
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African Regional Bodies
· African Union (AU)
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24 May 2018 |
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African Regional Bodies
· African Union (AU)
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24 May 2018 |
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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State's coercive denial of Baha'i religious identification and documentary recognition breached freedom of conscience and anti-discrimination obligations.
Human rights — Freedom of religion — Forum internum v forum externum — Coercion to declare or bear false religious identity on official documents
Human rights — Non-discrimination and equality — Confiscation and refusal to issue identity documents and non-recognition of marriages based on religious status
International law — Reservations to treaties — Validity assessed against object and purpose of the African Charter
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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State coercion to declare or falsify religious affiliation violated freedom of conscience and amounted to religious discrimination.
Human rights — freedom of religion — Forum internum (conscience) — Compulsion to declare or falsify religious affiliation violates Article 8
Human rights — Non‑discrimination — Religious discrimination — Confiscation and refusal to issue identity documents on grounds of religion violates Articles 2 and 3
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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Refusal to record Baha'i religion on IDs and confiscation violated freedom of conscience and amounted to discrimination.
Human rights — Freedom of religion — Forum internum v. forum externum — Coercion to declare or bear false religious identity — African Charter Article 8
Human rights — Non‑discrimination and equality — Refusal to issue or confiscation of identity documents and non‑recognition of marriages — African Charter Articles 2 and 3
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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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28 April 2018 |
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Re-arrest after judicial bail, military interference in courts and trial of civilians by military tribunals breached the African Charter.
Human rights — Admissibility — Exhaustion of domestic remedies and effect of regional judgments on res judicata
Human rights — Personal liberty — Re-arrest after judicial bail orders — Arbitrary detention under Article 6
Human rights — Fair trial and judicial independence — Military interference in court premises; civilian trial before military tribunal — Articles 7 and 26
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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Re‑arrest after bail and military interference with the courts violated victims' liberty, fair trial rights, and judicial independence.
Human rights — Admissibility — Exhaustion of domestic remedies and res judicata
Human rights — Fair trial — Trial by military courts — Jurisdiction over civilians and right to counsel
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African Regional Bodies
· African Union (AU)
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28 April 2018 |
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State violated rights by re-arresting bailed suspects, undermining judicial independence and trying civilians before military courts.
Human rights — Admissibility — Exhaustion of domestic remedies & res judicata — Article 56 African Charter
Fair trial — Military jurisdiction — Trial of civilians before court-martial — Article 7(1) African Charter
Judicial independence — Executive interference & court siege — Re-arrest of bailed suspects and assaults on lawyers — Articles 7 and 26 African Charter
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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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Communication dismissed as res judicata; prior findings reaffirmed and implementation urged.
Human rights — Communications procedure — Res judicata — Article 56(7) African Charter — Prior Commission decision bars re-litigation
Adjudication — Judicial impartiality — Allegation of bias — Subjective and objective tests; recusal remedies perceived future bias
Procedure — Confidentiality and politicisation — Public restatement of prior findings not a breach; political measures are AU Assembly processes
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African Regional Bodies
· African Union (AU)
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27 April 2018 |
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Communication dismissed as res judicata; bias, confidentiality and politicisation objections rejected; prior reparatory orders reaffirmed.
Human rights — Admissibility — Public advocacy within mandate does not automatically breach confidentiality or preclude adjudication
Human rights — Human rights adjudication — Re-litigation barred where prior decision addressed same parties and identical relief
Human rights — Impartiality — Allegation of bias — recusal cures perceived future bias
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African Regional Bodies
· African Union (AU)
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27 April 2018 |
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Communication dismissed as res judicata; Commission reaffirms prior findings and urges State to implement remedies.
Human rights — Admissibility — Res judicata — Re-litigation barred where prior Commission decision finally determined same parties, issues and relief
Human rights — Judicial impartiality — Allegation of bias by Commissioner — Subjective and objective tests for impartiality; recusal and absence of substantiating proof
Human rights — Confidentiality and politicisation — Distinction between Commission’s adjudicative functions and AU Assembly political/sanctioning processes
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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 April 2018 |
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A Member of EALA may intervene personally; Rule 36(2)(e) requires a statement of interest in the notice of motion.
Civil procedure — Intervention and enjoinder — Requirement and format of statement of interest under Rule 36(2)(e)
Evidence — affidavit by advocate — Advocate acting as both counsel and witness; affidavits based on information must disclose sources
Regional integration law — EALA — Members' personal intervention in Assembly-related proceedings; Counsel to the Community (CTC) as principal legal advisor
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African Regional Bodies
· African Union (AU)
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24 April 2018 |
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A Member of EALA was granted leave to intervene in proceedings challenging the Speaker's election, clarifying procedural requirements for intervention.
Regional integration law – Court procedure – Application for intervention – Mandatory requirements under Rule 36(2)(e) – Statement of interest – Whether supporting affidavit can suffice – Defective affidavit by advocate-cum-witness – Discretion to grant leave to intervene – Locus standi of Assembly members in Community litigation.
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African Regional Bodies
· African Union (AU)
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24 April 2018 |
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African Regional Bodies
· African Union (AU)
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28 March 2018 |
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Insufficient admissible evidence that Ugandan authorities unlawfully suppressed peaceful "walk to work" protests; reference dismissed.
Evidence — Electronic evidence — admissibility depends on authenticity, integrity, reliability and originator identification (s18(2)) — Criteria: manner obtained, relevance, reliability, chain of custody and prejudice to fair hearing
Human rights — Freedom of assembly and expression — State use of force during demonstrations — Whether police/military actions during "walk to work" protests violated Treaty and constitutional protections
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African Regional Bodies
· African Union (AU)
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28 March 2018 |
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The court dismissed a claim of human rights violations during Uganda's 'walk to work' protests due to insufficient admissible evidence.
East African Community law – fundamental rights – rule of law – right of assembly and protest – admissibility of electronic evidence – evidentiary requirements for Treaty violation – duties of the Secretary General under Articles 29 and 71 of the Treaty – locus standi for legal entities under Article 30.
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African Regional Bodies
· African Union (AU)
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28 March 2018 |
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African Regional Bodies
· African Union (AU)
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6 March 2018 |
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Communication struck out for lack of diligent prosecution for failing to file admissibility submissions.
Human rights — Procedure — Admissibility submissions — Failure to file arguments or seek extension — Strike-out for lack of diligent prosecution — Rules 105(1) and 113, Rules of Procedure
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African Regional Bodies
· African Union (AU)
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6 March 2018 |
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Communication struck out for failure to prosecute and non‑compliance with admissibility submission deadlines.
Human rights — Communications procedure — Strike‑out for lack of diligent prosecution — Rule 105(1) and Rule 113 of the Commission’s Rules of Procedure
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African Regional Bodies
· African Union (AU)
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6 March 2018 |
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Communication struck out for failure to file admissibility submissions and lack of diligent prosecution.
Human rights — Communications procedure — Admissibility submissions — Failure to prosecute — Strike‑out for lack of diligent prosecution — Rules 105(1) and 113
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African Regional Bodies
· African Union (AU)
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6 March 2018 |
