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62العلاقات

12. 339 2007 Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISIS WICCE) v. Republic of Uganda

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جدول المحتويات

Summary of the Communication1
Articles alleged to have been violated 2
Prayers3
Procedure3
The Law on Admissibility4
The Complainant’s Submissions on Admissibility4
The Respondent State’s Submissions on Admissibility6
The Complainant’s Supplementary Submissions on Admissibility8
Oral Submissions8
The Complainants’Oral Submissions8
The Respondent State’s Oral Submissions8
The Commission’s Analysis on Admissibility9
Consideration on the Merits14
The Complainants’ Submissions on Merits14
Alleged violation of Article 514
Alleged violation of Article 614
Alleged violation of Article 714
The Respondent State’sSubmission on the Merits15
Alleged violation of Article 515
Alleged violation of Article 615
Alleged violation of Article 715
The Commission’s Analysis on the Merits16
Violation of Article 516
Violation of Article 617
Violation of Article 719
Violation of Article 2625
In view of the above, the Commission25

12. 339 2007 Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISIS WICCE) v. Republic of Uganda

Document

Preview

Type of Document

Decision

Keywords

Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Due Diligence
False Imprisonment
Freedom of Expression
Human Rights Violations
Judicial Independence
Militia operations / Armed conflicts
Personal Liberty
Personal security
Right to be Heard
Right to Fair Trial
Right to Health
Right to Information
Transitional Justice
Use of force
إقامة العدل
الاعتقال والاحتجاز التعسفي

Country

Uganda

Outcome: Decided on Merits

Year Decided: 7 أغسطس 2017

Rights Alleged to be Violated

ACHPR 7.1 : Right to be Heard
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated

ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Not Violated

ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Proceduretest

11 أبريل 2007 ~ 7 أغسطس 2017

Country Geolocation

خط العرض: 1.373333

خط الطول: 32.290275

Country Geolocation (مرتبط Document): Uganda

المستندات الأولية

339-2007 Patrick Okiring and Agupio Samson (represented by Human Rights Network and ISIS-WICCE) v. Republic of Uganda.pdf
English
تحميل عرض
339-2007: Patrick Okiring e Agupio Samson (representado pela Rede de Direitos Humanos e ISIS-WICCE) v. República de Uganda.pdf
Portuguese
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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.

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Banjul charter

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rticle 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. 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.

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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.

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

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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 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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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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151 96 Civil Liberties Organisation Nigeria

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232 99 John D. Ouko Kenya

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

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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 tribuna

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Banjul charter

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151 96 Civil Liberties Organisation Nigeria

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151 96 Civil Liberties Organisation Nigeria

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294 04 ZLHR and IHRDA on behalf of Andrew Meldrum v Zimbabwe

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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.

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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. 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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Rules of Procedure of the African Commission

ule 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.Within ninety (90) days of receipt 3. of the State’s written response, the Commission may invite the State concerned to submit further information on the measures it has taken in response to its decision. Part Three : Protection Activities 42If no response is received from 4. the State, the Commission may send a reminder to the State Party concerned to submit its information within ninety (90) days from the date of the reminder.The Rapporteur for the 5. Communication, or any other member of the Commission designated for this purpose, shall monitor the measures taken by the State Party to give effect to the Commission’s recommendations on each Communication.The Rapporteur may make such 6. contacts and take such action as may be appropriate to fulfill his/her assignment including recommendations for further action by the Commission as may be necessary.At each Ordinary Session, the 7. Rapporteur shall present the reportduring the Public Session on the implementation of the Commission’s recommendations.The Commission shall draw the 8. attention of the Sub-Committee of the Permanent Representatives Committee and the Executive Council on the Implementation of the Decisions of the African Union, to any situations of non-compliance with the Commission’s decisions. The Commission shall include 9. information on any follow-up activities in its Activity Report

ACmHPR Soft Law

Treaties and softlaw only56
- Treaty54
- Document1
- ACmHPR Soft Law1
Cases Referenced5
- Document5
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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