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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
84العلاقات

Communication 445.13 eng

Document

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جدول المحتويات

Summary of the Complaint1
Alleged violations of the Charter4
Remedies sought5
Procedure6
ADMISSIBILITY7
The Complainants’ submissions7
The Respondent State’s observations8
The Complainants’ Reply10
The Commission’s Analysis on Admissibility11
Decision of the Commission on Admissibility23

Communication 445.13 eng

Document

Preview

Type of Document

Decision

Keywords

Competence of the Court
Domestic/National Laws
Economic, Social and Cultural Development
Exhaustion of Local Remedies
Freedom of Association
Freedom of Expression
Freedom of Opinion
Inadequate Legal Provisions
Interpretation of Case
Jurisdiction
Provisional/interim measures
Regional Human Rights Laws
Review
Revision of Judgment
Right to be Heard
Right to Information
Right to Property
Right to Work

Country

Ethiopia

Outcome: Ruled inadmissible

Year Decided: 8 أغسطس 2015

Rights Alleged to be Violated

ACHPR 7.1 : Right to be Heard
ACHPR 1 - General Obligations
ACHPR 10 : Right to Freedom of Association
ACHPR 14: Right to Property
ACHPR 15 : Right to Work
ACHPR 9.1: Right to Receive Information
ACHPR 9.2 : Right to Express and Disseminate Opinions Within the Law

Rights Violated

None Indicated

Rights Not Violated

None Indicated

Duration of Proceduretest

13 أبريل 2013 ~ 8 أغسطس 2015

Country Geolocation

خط العرض: 9.145000000000001

خط الطول: 40.489673

Country Geolocation (مرتبط Document): Ethiopia

المستندات الأولية

communication_445.13_eng.pdf
English
تحميل عرض

Banjul charter

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.

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 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law. 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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information.

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

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

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

4The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Rules of Procedure of the African Commission

When the Commission has decided 1. to be seized of a Communication pursuant to the present Rules, it shall promptly transmit a copy of the complaint to the Respondent State. It shall simultaneously inform the Complainant of the decision on seizure, and request the Complainant to present evidence and arguments on admissibility within two months.

ACmHPR Soft Law

Rules of Procedure of the African Commission

Upon receipt of the Complainant’s 2. observations on admissibility, the Secretary shall transmit a copy to the respondent state and request the latter to make a written submission, containing its arguments and evidence on admissibility, within two months of its receipt of the Commission’s request. The Secretariat shall, within a week of receipt of the state’s submission, provide the Complainant with a copy.

ACmHPR Soft Law

Rules of Procedure of the African Commission

Upon receiving the observations 3. of the Respondent State on Admissibility, the Complainant may comment on the observations within one month of receipt.

ACmHPR Soft Law

Banjul charter

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

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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,

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

299 05 Anuak Justice Council Ethiopia

Document

299 05 Anuak Justice Council Ethiopia

Document

Banjul charter

Treaty

221 98 Alfred B. Cudjoe Ghana

Document

221 98 Alfred B. Cudjoe Ghana

Document

Banjul charter

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

Banjul charter

Treaty

221 98 Alfred B. Cudjoe Ghana

Document

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

Document

Achpr26 48.90 50.91 52.91 89.93 eng

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity,

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

DORDEVIC v. CROATIA

EU document

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

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Treaty

Banjul charter

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

221 98 Alfred B. Cudjoe Ghana

Document

Banjul charter

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

Treaty

245 02 Zimbabwe Human Rights NGO Forum Zimbabwe

Document

386 10 Dr. Farouk Mohamed Ibrahim (represented by REDRESS) v. Sudan

Document

260 02 Bakweri Land Claims Committee Cameroon

Document

275 03 Article 19 v Eritrea

Document

221 98 Alfred B. Cudjoe Ghana

Document

Banjul charter

Treaty

Banjul charter

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

Treaty

221 98 Alfred B. Cudjoe Ghana

Document

Banjul charter

Treaty

221 98 Alfred B. Cudjoe Ghana

Document

Banjul charter

Treaty

2. Universal Declaration of Human Rights

UN Document

Banjul charter

Treaty

299 05 Anuak Justice Council Ethiopia

Document

299 05 Anuak Justice Council Ethiopia

50. A local remedy has been defined as "any domestic legal action that may lead to the resolution of thecomplaint at the local or national level." 3 The Rules of Procedure of the African Commission provide that"[t]he Commission shall determine questions of admissibility pursuant to Article 56 of the Charter" 4Generally, the rules require applicants to set out in their applications the steps taken to exhaust domesticremedies. They must provide some prima facie evidence of an attempt to exhaust local remedies.5According to the African Commission's guidelines on the submission of communications, applicants areexpected to indicate, for instance, the courts where they sought domestic remedies. Applicants mustindicate that they have had recourse to all domestic remedies to no avail and must supply evidence to thateffect. If they were unable to use such remedies, they must explain why. They could do so by submittingevidence derived from analogous situations or testifying to a state policy of denying such recourse.

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Treaties and softlaw only62
- Treaty59
- ACmHPR Soft Law3
Cases Referenced8
- Document8
International cases/decisions13
- Document10
- EU document1
- UN Document1
- Treaty1
Geolocation1
- Countries geolocation1

Create Reference

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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