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20العلاقات

19. 004 12 Emmanuel Joseph Uko and Others v. The Republic of South Africa

AfCHPR Ruling

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APPLICATION 004/20121

19. 004 12 Emmanuel Joseph Uko and Others v. The Republic of South Africa

AfCHPR Ruling

Preview

Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Discrimination
Freedom of Assembly
Jurisdiction
Right to Equality Before the Law
Right to Fair Trial
Right to Life
Torture and Ill Treatment

Country

South Africa

Outcome

Ruled inadmissible
Struck Out

Year Decided: 30 مارس 2012

Rights Alleged to be Violated

ACHPR 10 : Right to Freedom of Association
ACHPR 11 : Right to Freedom of Assembly
ACHPR 18 : Protection of the Family and Vulnerable Groups
ACHPR 19: Right of All Peoples to Equality and Rights
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law 2
ACHPR 4: Right to Life and Intergrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7 : Right to Fair Trial

Rights Violated

None Indicated

Duration of Procedure: 20 فبراير 2012 ~ 30 مارس 2012

Country Geolocation

خط العرض: -30.559482

خط الطول: 22.937506

Country Geolocation (مرتبط AfCHPR Ruling): South Africa

المستندات الأولية

004-12 Emmanuel Joseph Uko and Others v. The Republic of South Africa .pdf
English
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تحميل عرض
11. 004-12 Emmanuel Joseph Uko and Others v. The Republic of South Africa - PT.pdf
Portuguese
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تحميل عرض

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

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 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 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.

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

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Treaty

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.

Treaty

Banjul charter

Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Treaty

Banjul charter

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.

Treaty

Banjul charter

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

Rules of Court {African Court on Human and People's Rights}

2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rule 34Commencement of Proceedings1. The Applicant shall file in the Court Registry, one (1) copy of theapplication containing a summary of the facts of the case andof theevidence intended to be adduced.The said application shall be signed by the Applicant or by his/herrepresentative.The Registrar shall acknowledge receipt of the application.

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

6.For the purpose of examining an application brought before it, relating to issues in a communication before the Commission, the Court shall ascertain that the said communication has been formally withdrawn.

Rules of Procedure

Achpr instr proto court eng

3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

Achpr instr proto court eng

6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

Treaty

Achpr instr proto court eng

Treaty

001 11 SO FO Femi Falana v. African Union

Emmanuel Joseph Uko v. The Republic of South Africa (paras 10 & 11)

AfCHPR Ruling

Achpr instr proto court eng

Treaty

Treaties and softlaw only18
- Treaty15
- Rules of Procedure3
لا تسمية1
- AfCHPR Ruling1
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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