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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
113العلاقات

288 04 gabriel shumba v zimbabwe

Document

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جدول المحتويات

Summary of Facts1
Complaint1
Procedure1
The Law3
Admissibility3
Decision on the Merits8
Recommendation8
Submissions on Merits8
Complainants' Submission on the Merits8
Complainant Supplementary Submissions on the Respondent State's Response on the Merits13
African Commission's Decision on the Merits15
Recommendations26

288 04 gabriel shumba v zimbabwe

Document

Preview

Type of Document

Decision

Keywords

Civil and Political Rights
Cruel and Degrading Treatment
Damages and Compensation
Detention Facilities/Conditions
Discrimination
Enforced disappearance
False Imprisonment
Freedom of Association
Freedom of Expression
Freedom of Opinion
Personal Liberty
Personal security
Protection of Privacy
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
Right to Privacy
Right to Property
Right to Self-Determination
Sexual Offences
Torture and Ill Treatment
الاعتقال والاحتجاز التعسفي

Case Head Notes: The Complainant and his Counsel present the facts of the case as follows: On 14th January 2003, theComplainant in the presence of 3 others, namely Bishop Shumba, TauraiMagayi and Charles Mutama wastaking instructions from one of his clients a Mr. John Sikhala in a matter involving alleged politicalharassment by members of the Zimbabwe Republic Police (ZRP). Mr. John Sikhala is a Member ofParliament for the Movement for Democratic Change (MDC), which is the opposition party in Zimbabwe.

Country

Zimbabwe

Outcome: Decided on Merits

Year Decided: 2 مايو 2012

Rights Alleged to be Violated

ACHPR 10.1: Freedom of association
ACHPR 14: Right to Property
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 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Violated

ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Not Violated

ACHPR 10.1: Freedom of association
ACHPR 14: Right to Property
ACHPR 4: Right to Life and Intergrity
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Duration of Proceduretest

24 مايو 2004 ~ 2 مايو 2012

Country Geolocation

خط العرض: -19.015438

خط الطول: 29.154857

Country Geolocation (مرتبط Document): Zimbabwe

المستندات الأولية

288_04_gabriel_shumba_v_zimbabwe.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. 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 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.

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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.

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. 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 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

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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Banjul charter

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

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

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

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

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219 98 Legal Defence Centre Gambia (The)

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

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Banjul charter

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

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

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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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Article 101.Every individual shall have the right to free association provided that he abides by the law.

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Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law.

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 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

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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

Treaty

Banjul charter

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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

Rules of Procedure of the African Commission

Rule 120 Representation of the Commission before the CourtWhen the Commission decides to submit a communication to the Court, pursuant to Article 5(1) (a) of the Protocol and Rule 118, it may appoint one or more Commissioners to represent it before the Court. The Commissioner(s) so designated shall be assisted by one or more Legal Officer(s) of the Commission’s Secretariat and/or experts who shall be designated or appointed by the Commission.

ACmHPR Soft Law

Rules of Procedure of the African Commission

Rule 118 Seizure of the CourtIf the Commission has taken 1. a decision with respect to a communication submitted under Articles 48, 49 or 55 of the Charter and considers that the State has not complied or is unwilling to comply with its recommendations in respect of the communication within the Part FourRELATIONSHIPS WITH THE AFRICAN COURTPart Four : Relationships With The African Court 44period stated in Rule 112(2), it may submit the communication to the Court pursuant to Article 5 (1) (a) of the Protocol and inform the parties accordingly. If the Commission has made a 2. request for Provisional Measures against a State Party in accordance with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and inform the Complainant and the State concerned. The Commission may, pursuant to 3. Rule 84(2) submit a communication before the Court against a State Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as provided for under Article 58 of the African Charter, has come to its attention.The Commission may seize the Court 4. at any stage of the examination of a communication if it deems necessary.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 Cour

ACmHPR Soft Law

Rules of Procedure of the African Commission

Rule 116 Interpretation of the Charter by the CommissionIf the Commission is requested to 1. interpret the Charter under Article 45(3), it shall immediately inform the President of the Court.A copy of the interpretation of the 2. Charter by the Commission shall be sent to the President of the Court as soon as it is adopted.Rule 117 Advisory Opinion The Commission may request to be heard by the Court upon being notified by the Court of a request for an Advisory Opinion pursuant to Article 4(1) of the Protocol.

ACmHPR Soft Law

Banjul charter

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Banjul charter

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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,

Treaty

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le 101.Every individual shall have the right to free association provided that he abides by the law.

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le 101.Every individual shall have the right to free association provided that he abides by the law.

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101.Every individual shall have the right to free association provided that he abides by the law

Treaty

Banjul charter

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101.Every individual shall have the right to free association provided that he abides by the law

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 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

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 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

Achpr26 48.90 50.91 52.91 89.93 eng

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

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19. 25 89 47 90 56 91 100 93 Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. DRC

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

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 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

Achpr45 279.03 296.05 eng

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Achpr45 279.03 296.05 eng

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Achpr16 64.92 68.92 78.92 8ar eng

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Achpr26 48.90 50.91 52.91 89.93 eng

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

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

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Achpr17 101 93 eng

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Achpr17 101 93 eng

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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

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Treaties and softlaw only100
- Treaty93
- ACmHPR Soft Law3
- Document4
Cases Referenced8
- Document8
Country3
- Document2
- Treaty1
لا تسمية1
- ECOWAS Court1
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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