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African Human Rights CLA 2.0
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88العلاقات

251 02 Lawyers of Human Rights Swaziland

Document

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جدول المحتويات

Summary of Facts1
Complaint1
Procedure1
Law2
Admissibility2
Merits3
Submission from the Complainant3
Commission's Decision on the Merits4
Holding7

251 02 Lawyers of Human Rights Swaziland

Document

Preview

Type of Document

Decision

Keywords

Competence of the Court
Exhaustion of Local Remedies
Freedom of Assembly
Freedom of Association
Freedom of Expression
Immunity / Privileges (Diplomatic, Presidential, Parliamentary, etc)
Judicial Independence
Offences by State agents in private capacity
Participation in Government
Procedures of Regional Judicial Mechanisms
Provisional/interim measures
Reparations / Remedies
Right to be Heard
Right to Fair Trial
إقامة العدل

Country

Swaziland

Outcome: Decided on Merits

Year Decided: 11 مايو 2005

Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 10 : Right to Freedom of Association
ACHPR 11 : Right to Freedom of Assembly
ACHPR 13 : Right to Participate in Government
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 7 : Right to Fair Trial

Rights Violated

ACHPR 1 - General Obligations
ACHPR 10 : Right to Freedom of Association
ACHPR 11 : Right to Freedom of Assembly
ACHPR 13 : Right to Participate in Government
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 7 : Right to Fair Trial

Duration of Proceduretest

3 يونيو 2002 ~ 11 مايو 2005

Country Geolocation

خط العرض: -26.522503

خط الطول: 31.465866

Country Geolocation (مرتبط Document): Eswatini

المستندات الأولية

251_02 Lawyers of Human Rights _ Swaziland.pdf
English
تحميل عرض

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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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. 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.

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Banjul charter

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

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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.

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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.

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

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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. Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups

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

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

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

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rticle 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

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Treaties and softlaw only80
- Treaty80
Cases Referenced6
- Document6
لا تسمية1
- Document1
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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