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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
142العلاقات

Achpreos10 277 03 eng

Document

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جدول المحتويات

Summary of Facts1
Complaint3
Procedure3
Submissions on Locus Standi10
Respondent State’s Submissions on Locus Standi10
Complainants’ Submissions on Locus Standi12
African Commission’s Ruling on the Preliminary Determination on Locus Standi 14
The Law on Admissibility19
Complainants’ Submissions on Admissibility 19
Respondent State’s Submissions on Admissibility21
Submissions on the Merits27
Complainants’ Submissions on the Merits28
Respondent State’s Submissions on the Merits34
The Commission’s Decision on the Merits38
Decision of the African Commission on Alleged Procedural Irregularity39
Decision of the African Commission on the Substantive Claim 41

Achpreos10 277 03 eng

Document

Preview

Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Death Sentence
Discrimination
Domestic/National Laws
False Imprisonment
Human Rights Violations
Militia operations / Armed conflicts
Murder/Assassination
Personal Liberty
Police Brutality and Offences
Provisional/interim measures
Right to be Heard
Right to Dignity
Right to Equality Before the Law
Right to Fair Trial
Right to Health
Right to Life
Torture and Ill Treatment
Transitional Justice
الاعتقال والاحتجاز التعسفي

Case Head Notes: The Complainants allege that on the 14 October 1998, Kobedi was convicted and sentenced to death by the High Court of Botswana for murder of a Sergeant of the Police force of Botswana – Sgt. Kebotsetswe Goepamang on 22 May 1993.

Country

Botswana

Outcome: Decided on Merits

Year Decided: 16 ديسمبر 2011

Rights Alleged to be Violated

ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Intergrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7 : Right to Fair Trial

Rights Violated

ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Not Violated

ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Intergrity
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Duration of Proceduretest

18 يوليو 2003 ~ 16 ديسمبر 2011

Country Geolocation

خط العرض: -22.328474

خط الطول: 24.684866

Country Geolocation (مرتبط Document): Botswana

المستندات الأولية

achpreos10_277_03_eng.pdf
English
تحميل عرض

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

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Banjul charter

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Banjul charter

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Banjul charter

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

cle 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

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Banjul charter

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Banjul charter

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Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and 7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

Treaty

Banjul charter

Treaty

670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

Communication 277/2003 - Spilg and Mack & DITSHWANELO (on behalf of Lehlohonolo Bernard Kobedi) v. Botswana (2013) ACHPR paras 73-74

Document

670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

"simply requires that the Communication indicate its author(s), even if they would like to remain aponymous. This provision does not specify, which parties have standing before the African Commission."1

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Banjul charter

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670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

para 79.

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670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

DJTSHWANELO case:1

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670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

para 81

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Banjul charter

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Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law. Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Article 1The Member States of the Organization of African Unity parties to the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

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15Article 56Communications relating to human and peoples' rights referred to in 55 received by the Commission, shall be considered if they: 1.Indicate their authors even if the latter request anonymity, 2.Are compatible with the Charter of the Organization of African Unity or with the present Charter, 3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity, 4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and

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Banjul charter

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Banjul charter

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Banjul charter

7.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter.

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Banjul charter

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Banjul charter

rticle 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide

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Banjul charter

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Rules of Procedure of the African Commission

ule 104 Legal aidThe Commission may, either at 1. the request of the author of the communication or at its own initiative, facilitate access to free legal aid to the author in connection with the representation of the case;Free legal aid shall only be 2. facilitated where the Commission is convinced:That it is essential for the proper a. discharge of the Commission’s duties, and to ensure equality of the parties before it; andThe author of the Communication b. has no sufficient means to meet all or part of the costs involved;In case of urgency or when the 3. Commission is not in session, its Chairperson may exercise the powers conferred on the Commission by this Rule. As soon as the Commission is in session, any action that has been taken under this paragraph shall be brought to its attention for confirmation.Part Three : Protection Activities

ACmHPR Soft Law

Banjul charter

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2.Are compatible with the Charter of the Organization of African Unity or with the present Charter

Treaty

7758 treaty 0021 constitutive act of the african union e

Article 4PrinciplesThe Unionshallfunctionin accordancewith the following principles:(a)sovereignequalityand interdependence among MemberStatesofthe Union;(b) respect of borders existing on achievement of independence;(c)participationofthe African peoplesin theactivitiesoftheUnion;(d)establishmentofacommondefencepolicy for the AfricanContinent;l--------------------------------------------------------------

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Achpr45 266 03 eng

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260 02 Bakweri Land Claims Committee Cameroon

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4.Are not based exclusively on news discriminated through the mass media,

Treaty

Banjul charter

Article 551.Before each Session, the Secretary of the Commission shall make a list of the communications other than those of States parties to the present Charter and transmit them to the members of the Commission, who shall indicate which communications should be considered by the Commission. 2.A communication shall be considered by the Commission if a simple majority of its members so decide.

Treaty

147 95 149 96 Sir Dawda K. Jawara Gambia (The)

Document

670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

Communication 277 /2003 -Spilg and Mack & 0/TSHWANELO (on behalf of Lehlohonolo Bernard Kobedi) v. Botswana (2011) ACHPR para 106.

Document

670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

Communication 277 /2003 -Spilg and Mack & 0/TSHWANELO (on behalf of Lehlohonolo Bernard Kobedi) v. Botswana (2011) ACHPR para 106.

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Banjul charter

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Banjul charter

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5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged

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Banjul charter

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Banjul charter

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Banjul charter

4.Are not based exclusively on news discriminated through the mass media, 5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged, 6.Are submitted within a reasonable period from the time local remedies are exhausted or from the date the Commission is seized of the matter, and

Treaty

Banjul charter

Treaty

Banjul charter

.Do not deal with cases which have been settled by these States involved in accordance with the principles of the Charter of the United Nations, or the Charter of the Organization of African Unity or the provisions of the present Charter

Treaty

Bob Ngozi Njoku Egypt

Document

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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rticle 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Rules of Procedure of the African Commission

Rule 119 Admissibility under Article 6 of the ProtocolWhere, pursuant to Article 6 of 1. the Protocol, the Commission is requested to give its opinion, on the admissibility of a communication pending before the Court or where the Court has transferred a communication to the Commission, it shall consider the admissibility of this matter in accordance with Article 56 of the Charter and Rules 105, 106 and 107 of the present Rules. Upon conclusion of the examination 2. of the admissibility of the communication referred to it under Article 6 of the Protocol, the Commission shall immediately transmit its opinion or its decision on the admissibility to the Court.

ACmHPR Soft Law

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2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this righ

Treaty

Banjul charter

Treaty

ICCPR

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life. 2. In countries which have not abolished the death penalty, sentence of death may be imposed only for the most serious crimes in accordance with the law in force at the time of the commission of the crime and not contrary to the provisions of the present Covenant and to the Convention on the Prevention and Punishment of the Crime of Genocide. This penalty can only be carried out pursuant to a final judgement rendered by a competent court. 3. When deprivation of life constitutes the crime of genocide, it is understood that nothing in this article shall authorize any State Party to the present Covenant to derogate in any way from any obligation assumed under the provisions of the Convention on the Prevention and Punishment of the Crime of Genocide. 4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases. 5. Sentence of death shall not be imposed for crimes committed by persons below eighteen years of age and shall not be carried out on pregnant women. 6. Nothing in this article shall be invoked to delay or to prevent the abolition of capital punishment by any State Party to the present Covenant

UN Document

Banjul charter

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(d) the right to be tried within a reasonable time by an impartial court or tribunal.

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rticle 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

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Banjul charter

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Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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Banjul charter

Article 60The Commission shall draw inspiration from international law on human and peoples' rights, particularly from the provisions of various African instruments on human and peoples' rights, the Charter of the United Nations, the Charter of the Organization of African Unity, the Universal Declaration of Human Rights, other instruments adopted by the United Nations and by African countries in the field of human and peoples' rights as well as from the provisions of various instruments adopted within the Specialized Agencies of the United Nations of which the parties to the present Charter are members.

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Communication 319 .06 eng

Communication 277/03

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Achpr34 240 01 eng

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(b) the right to be presumed innocent until proved guilty by a competent court or tribunal

Treaty

Banjul charter

icle 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

Banjul charter

Article 5 Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of ma n particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Treaties and softlaw only124
- Treaty121
- ACmHPR Soft Law2
- UN Document1
Country2
- Document2
Cases Referenced3
- Document3
لا تسمية12
- Document12
Geolocation1
- Countries geolocation1

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اختر نوع العلاقة

Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
Country
Rights Not Violated
Keywords
Outcome
Rights Alleged to be Violated
Rights Violated
Type of Document
Right Not Violated
SADC Treaty Rights Violated
SADC Treaty Rights Not Violated
ACHPR Rights Violated
ACHPR Rights Not Violated
ACHPR Provisions
Cases Referenced
Location

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