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129 العلاقات, 26 الكيانات

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
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معلومات
129العلاقات

Achpr45 279.03 296.05 eng

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Summary of facts1
Complaint2
Procedure2
Law4
Submissions on admissibility4
The SHRO Case4
Complainants’ submissions on admissibility4
The COHRE Case5
Respondent State’s submissions on admissibility5
Complainant’s supplementary submission in response to Respondent State’s submission on admissibility6
African Commission’s decision on admissibility7
Submissions on the merits9
Complainant’s submissions on the merits9
Respondent State’s submissions on the merits11
African Commission’s decision on the Merits12
Alleged violation of Articles Article 4 and Article 513
Alleged violation of Articles Article 6 and Article 716
Alleged violation of Article 12.118
Alleged violation of Article 1419
Alleged violation of Article 1620
Alleged violation of Article Article 18.121
Alleged violation of Article 2222
Holding23

Achpr45 279.03 296.05 eng

Document

Preview

Type of Document

Decision

Keywords

Child Abuse
Cruel and Degrading Treatment
Damages and Compensation
Discrimination
Economic, Social and Cultural Development
Equality
Extra-Judicial Killings
Forced Eviction
Freedom of Expression
Inadequate Legal Provisions
Indigenous Communities
Internal Displacement
Massive Human Rights Violations
Military Offences
Military Tribunals
Militia operations / Armed conflicts
Murder/Assassination
Participation in Government
Peace and Security
Personal Liberty
Personal security
Protection of Family and Vulnerable Groups
Provisional/interim measures
Rape
Refugees / Asylum Seekers
Reparations / Remedies
Right to be Heard
Right to Dignity
Right to Education
Right to Equality Before the Law
Right to Fair Trial
Right to Health
Right to Information
Right to Life
Right to Property
Sexual and Gender Based Violence
Sexual Offences
Torture and Ill Treatment
Transitional Justice
Use of force
Violations Resulting from Warfare and Military Operations
Women's Rights
الاعتقال والاحتجاز التعسفي

Case Head Notes: The Complainants allege gross, massive and systematic violations of human rights by the Republic of Sudan (herein after called Respondent State) against the indigenous Black African tribes in the Darfur region (Western Sudan); in particular, members of the Fur, Marsalit and Zaghawa tribes.

Country

Sudan

Outcome: Decided on Merits

Year Decided: 27 مايو 2009

Rights Alleged to be Violated

ACHPR 7.1 : Right to be Heard
ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 12:2: Right to leave any country including his own, and to return to his country
ACHPR 12.1: Right to freedom of movement and residence within borders of State of legal residence
ACHPR 12.3 : Right of Persecuted Person to Seek Asylum in Other State
ACHPR 13.1: Right to participate freely in government
ACHPR 13.2: Right of equal access to the public service of the country
ACHPR 14: Right to Property
ACHPR 16.1 : Right to Enjoy the Best Attainable State of Physical and Mental Health
ACHPR 18.1: Protection of women and children
ACHPR 2: Freedom from Discrimination
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
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

Rights Violated

ACHPR 7.1 : Right to be Heard
ACHPR 1 - General Obligations
ACHPR 12:2: Right to leave any country including his own, and to return to his country
ACHPR 12.1: Right to freedom of movement and residence within borders of State of legal residence
ACHPR 14: Right to Property
ACHPR 16 : Right to Health
ACHPR 18.1: Protection of women and children
ACHPR 22: Peoples' Right to Economic, Social and Cultural Development
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

Rights Not Violated

ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 12.1: Right to freedom of movement and residence within borders of State of legal residence
ACHPR 12.3 : Right of Persecuted Person to Seek Asylum in Other State
ACHPR 13.1: Right to participate freely in government
ACHPR 13.2: Right of equal access to the public service of the country
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Duration of Proceduretest

18 سبتمبر 2003 ~ 27 مايو 2009

Country Geolocation

خط العرض: 12.862807

خط الطول: 30.217636

Country Geolocation (مرتبط Document): Sudan

المستندات الأولية

279-03_296-05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v Sudan.pdf
English
تحميل عرض
279-03_296-05 Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v Sudão.pdf
Portuguese
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تحميل عرض

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.

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 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

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

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 prohibite

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

21. 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.

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Treaty

Banjul charter

Article 221. All peoples shall have the right to their economic, social and cultural development with due regard to their freedom and identity and in the equal enjoyment of the common heritage of mankind. 2. States shall have the duty, individually or collectively, to ensure the exercise of the right to development.

Treaty

Banjul charter

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.

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral

Treaty

Banjul charter

Article 581. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples' rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases.

Treaty

Banjul charter

2.The Assembly of Heads of State and Government may then request the Commission to undertake an in-depth study of these cases and make a factual report, accompanied by its findings and recommendations.

Treaty

Banjul charter

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

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

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

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

670 17 Fadhl Al Mawla Husni Ahmed Ismail and 19 Ors (represented by Freedom and Justice Party of Egypt) v Arab Republic of Egypt

Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v Sudan (2009) ACHPR para 92

Document

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

Document

Free Legal Assistance Group and Others v Zaire

Document

Banjul charter

Treaty

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

Document

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

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

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.

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 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.

Treaty

Banjul charter

Treaty

Achpr30 155 96 eng

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral

Treaty

Banjul charter

Treaty

2. Universal Declaration of Human Rights

Article 25 1. Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. 2. Motherhood and childhood are entitled to special care and assistance. All children, whether born in or out of wedlock, shall enjoy the same social protection

UN Document

ICESCR

Article 11 1. The States Parties to the present Covenant recognize the right of everyone to an adequate standard of living for himself and his family, including adequate food, clothing and housing, and to the continuous improvement of living conditions. The States Parties will take appropriate steps to ensure the realization of this right, recognizing to this effect the essential importance of international co-operation based on free consen

UN Document

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

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Treaty

Banjul charter

Article 14 The right to property shall be guar anteed. 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 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

Cat

Article 16 1. Each State Party shall undertake to prevent in any territory under its jurisdiction other acts of cruel, inhuman or degrading treatment or punishment which do not amount to torture as defined in article I, when such acts are committed by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity. In particular, the obligations contained in articles 10, 11, 12 and 13 shall apply with the substitution for references to torture of references to other forms of cruel, inhuman or degrading treatment or punishment. 2. The provisions of this Convention are without prejudice to the provisions of any other international instrument or national law which prohibits cruel, inhuman or degrading treatment or punishment or which relates to extradition or expulsion.

UN Document

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

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral

Treaty

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 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.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

275 03 Article 19 v Eritrea

Document

245 02 Zimbabwe Human Rights NGO Forum Zimbabwe

Document

Achpr26 48.90 50.91 52.91 89.93 eng

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

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

Communication 279/03

Document

Banjul charter

Treaty

136. Media Rights Agenda and Others v Nigeria (2000) AHRLR 200 (ACHPR 1998)

Document

97 93 14AR John K. Modise Botswana

Document

Cat

UN Document

Banjul charter

2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest

Treaty

Banjul charter

2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Treaty

74 92 Commission nationale des droits de l'Homme et des libertés Chad

Document

Banjul charter

Treaty

Achpr33 241 01 eng

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

245 02 Zimbabwe Human Rights NGO Forum Zimbabwe

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

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.

Treaty

328 06 Front for the Liberation of the State of Cabinda v Republic of Angola

Communication 279/03

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Free Legal Assistance Group and Others v Zaire

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.

Treaty

Achpr22 159 96 eng

Document

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.

Treaty

Banjul charter

Treaty

Banjul charter

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

328 06 Front for the Liberation of the State of Cabinda v Republic of Angola

COHRE case

Document

Banjul charter

Treaty

Banjul charter

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

379 09 Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v...

Communication 279/03-296/05

Document

317 06 The Nubian Community in Kenya vs The Republic of Kenya

Communication 279/03-296/05

Document

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

Communication 279/03-296/05

Document

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 12 1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by t he 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 hea lth 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.

Treaty

Banjul charter

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Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral

Treaty

Banjul charter

Treaty

لا تسمية18
- Document15
- ECOWAS Court3
Treaties and softlaw only107
- Treaty91
- Document12
- UN Document4
Cases Referenced3
- Document3
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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