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

Communication 389.10 eng

Document

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Summary of the Complaint1
Articles alleged to have been violated4
Procedure4
The Law on Admissibility7
Complainant’s Submissions on Admissibility7
Respondent State’s Submissions on Admissibility8
Analysis of the Commission on Admissibility9
Decision of the Commission on Admissibility19
Consideration of the Merits19
Complainant’s Submissions on the Merits19
Respondent State’s Submissions on the Merits21
Complainant’s rebuttal22
Analysis of the Commission on the Merits23
Prayers of the Complainant30
Request to find a violation30
Reparation30
Decision of theCommissionon the Merits36

Communication 389.10 eng

Document

Preview

Type of Document

Decision

Keywords

Coercion / Duress
Cruel and Degrading Treatment
Damages and Compensation
Human Rights Violations
Implementation of Decision
Inadequate Legal Provisions
Land Rights
Police Brutality and Offences
Protection of Family and Vulnerable Groups
Right to Equality Before the Law
Right to Health
Right to Property
Torture and Ill Treatment
Use of force
إقامة العدل

Case Head Notes: The Complainant submits that following a mandate entrusted to a law firm in Yaoundé, she and her husband were informed on 6 June 2007 that a 2,000 m² plot of land located in a residential neighbourhood in Yaoundé was on sale. After verifying the documents in the possession of the vendor’s notary, Mr Pierre Firmin ADDA, a notary in Yaoundé, the Complainant and her husband were informed that there was no opposition to the sale of the plot of land.On 8 June 2007, the firm, on their behalf, negotiated with the vendor for the purchase of an area of 500 m² valued at 22,500,000 (twenty-two million five hundred thousand) CFA francs.

Country

Cameroon

Outcome: Report on Implementation in 180 days

Year Decided: 7 مايو 2015

Rights Alleged to be Violated

ACHPR 14: Right to Property

Rights Violated

ACHPR 1 - General Obligations
ACHPR 14: Right to Property
ACHPR 16 : Right to Health
ACHPR 18 : Protection of the Family and Vulnerable Groups

Rights Not Violated

None Indicated

Duration of Proceduretest

7 سبتمبر 2010 ~ 7 مايو 2015

Country Geolocation

خط العرض: 7.369721999999999

خط الطول: 12.354722

Country Geolocation (مرتبط Document): Cameroon

المستندات الأولية

communication_389.10_eng.pdf
English
تحميل عرض

Banjul charter

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

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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.

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Banjul charter

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Banjul charter

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Rules of Procedure of the African Commission

ACmHPR Soft Law

Rules of Procedure of the African Commission

ACmHPR Soft Law

Banjul charter

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

Treaty

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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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,

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

Document

275 03 Article 19 v Eritrea

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299 05 Anuak Justice Council Ethiopia

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221 98 Alfred B. Cudjoe Ghana

Document

Achpr33 254 02 eng

Document

Sankara vs. Burkina Faso (2006)

UN Document

221 98 Alfred B. Cudjoe Ghana

Document

Achpr37 268 03 eng

Document

Achpr33 254 02 eng

Document

Sankara vs. Burkina Faso (2006)

UN Document

Achpr26 48.90 50.91 52.91 89.93 eng

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

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

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Treaty

Alhassan Abubakar Ghana

Document

212 98 Amnesty International Zambia

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Alhassan Abubakar Ghana

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212 98 Amnesty International Zambia

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215 98 Rights International Nigeria

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Bousroual v. Algeria

UN Document

Banjul charter

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

Treaty

97 93 14AR John K. Modise Botswana

Document

Peoples' Democratic Organisation for Independence and Socialism v The Gambia

Document

Rencontre Africaine pour la Défense des Droits de l’Homme v Zambia

Document

Sankara vs. Burkina Faso (2006)

UN Document

Rencontre Africaine pour la Défense des Droits de l’Homme v Zambia

Document

Sankara vs. Burkina Faso (2006)

UN Document

Banjul charter

Treaty

Banjul charter

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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 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 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

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

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Achpr30 155 96 eng

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4The 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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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.

UN Document

Banjul charter

Treaty

Achpr30 155 96 eng

Document

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

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.

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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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Banjul charter

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Trévalec v. Belgium

EU document

Summary of Facts

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Banjul charter

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Summary of Facts

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Banjul charter

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Banjul charter

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Banjul charter

2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charte

Treaty

Rules of Procedure of the African Commission

n 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

Banjul charter

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Treaties and softlaw only95
- Treaty90
- ACmHPR Soft Law3
- Document1
- UN Document1
Cases Referenced13
- Document12
- Treaty1
International cases/decisions20
- UN Document5
- Document12
- Treaty2
- EU document1
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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