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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
109العلاقات

Achpreos9 334 06 eng

Document

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Summary of the Complaint1
Articles alleged to have been violated11
Prayers11
Procedure10
The Law on Admissibility16
Submissions of the ComplainantsonAdmissibility16
The Respondent State’s Submissions on Admissibility17
The Commission’s Analysis on Admissibility18
The Merits25
The Complainants’ Submissions on the Merits25
The Respondent State’s Submissions on the Merits42
The African Commission’s Analysis on the Merits46

Achpreos9 334 06 eng

Document

Preview

Type of Document

Decision

Keywords

Coercion / Duress
Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Death Sentence
Domestic/National Laws
Equality
False Imprisonment
Freedom of Association
Inadequate Legal Provisions
Judicial Independence
Militia operations / Armed conflicts
Personal Liberty
Police Brutality and Offences
Provisional/interim measures
Reparations / Remedies
Right to be Heard
Right to Dignity
Right to Equality Before the Law
Right to Fair Trial
Right to Health
Right to Information
Right to Life
Torture and Ill Treatment
إقامة العدل
الاعتقال والاحتجاز التعسفي

Case Head Notes: The Complainants state that the victims were tried and sentenced to death after being accused of bombings which took place on 6 October 2004 and 23 July 2005 on the Sinai Peninsula in Egypt.

Country

Egypt

Outcome: Report on Implementation in 180 days

Year Decided: 3 مارس 2011

Rights Alleged to be Violated

ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 4: Right to Life and Intergrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.c: Right to Defence

Rights Violated

ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Not Violated

ACHPR 4: Right to Life and Intergrity

Duration of Proceduretest

29 نوفمبر 2006 ~ 3 مارس 2011

Country Geolocation

خط العرض: 26.820553

خط الطول: 30.802498

Country Geolocation (مرتبط Document): Egypt

المستندات الأولية

achpreos9_334_06_eng.pdf
English
تحميل عرض

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 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

Treaty

Banjul charter

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

Treaty

Rules of Procedure of the African Commission

Rule 111 Review of the decision of the Commission on the meritsOnce the Commission has taken a 1. decision on the merits, it may, on its own initiative or upon the written request of one of the parties, review the decision. In determining whether to review 2. its decision on the merits, the Commission shall satisfy itself of the following:that the request is based upon a. the discovery of some fact of such a nature as to be a decisive factor, which fact was not known to the Commission and the party requesting the review, provided that such ignorance was not due to negligence;that the application for review b. is made within six months of the discovery of the new fact;any other compelling reason or c. situation that the Commission may deem appropriate or relevant to justify review of a Communication, with a view to ensure fairness, justice and respect for human and peoples’ rights.No application for review may be 3. made after three years from the date of the decision.

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

Achpr26 153 96 eng

Document

Banjul charter

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

Treaty

151 96 Civil Liberties Organisation Nigeria

Document

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, 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,

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

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

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

Treaty

Banjul charter

Treaty

Achpr34 250 02 eng

Document

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

Document

60 91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and others)...

Document

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

Achpr17 129 94 eng

Document

Achpr17 87 93 eng

Document

Banjul charter

Treaty

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.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children

UN Document

Banjul charter

Treaty

54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

Document

Banjul charter

Treaty

Banjul charter

very 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. Article 8

Treaty

Banjul charter

Treaty

Achpr33 222.98 229.99 eng

Document

151 96 Civil Liberties Organisation Nigeria

Document

Banjul charter

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

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

137 94 139 94 154 96 161 97 International PEN, Constitutional Rights Project, Civil...

Document

54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

Document

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

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

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

Treaty

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication 334/06

Document

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication No. 334/06

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

218 98 Civil Liberties Organisation, Legal Defence Centre, Legal Defence and...

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

Document

Cat

Article 15 Each State Party shall ensure that any statement which is established to have been made as a result of torture shall not be invoked as evidence in any proceedings, except against a person accused of torture as evidence that the statement was made

UN Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr33 222.98 229.99 eng

Document

Banjul charter

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

137 94 139 94 154 96 161 97 International PEN, Constitutional Rights Project, Civil...

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

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

Rules of Procedure of the African Commission

Rule 112 Follow-up on the recommendations of the CommissionAfter the consideration of the 1. Commission’s Activity Report by the Assembly, the Secretary shall notify the parties within thirty (30) days that they may disseminate the decision. In the event of a decision against a 2. State Party, the parties shall inform the Commission in writing, within one hundred and eighty (180) days of being informed of the decision in accordance with paragraph one, of all measures, if any, taken or being taken by the State Party to implement the decision of the Commission.

ACmHPR Soft Law

Treaties and softlaw only88
- Treaty83
- ACmHPR Soft Law2
- UN Document2
- Document1
Cases Referenced15
- Document15
International cases/decisions1
- Treaty1
لا تسمية4
- Document2
- ECOWAS Court2
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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