سابق 6 / 6 التالي

- Hailidi Faraj FANNOUSH, Judge - Modibo Tounty GUINDO, Judge - Gerard NIYUNGEKO, Judge - Fatsah OUGUERGOUZ, Judge - Joseph N. MULENGA, Judge - and Aboubakar DIAKITE, Registrar In accordance with Article 28 (7) of the Protocol and Rule 60 (5) of the Rules of Court, the separate opinion of Judge Fatsah OUGUERGOUZ is appended to this Judgment. 6

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أوازي من إعداد:
African Human Rights CLA 2.0
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تسجيل الدخول

معلومات
33العلاقات

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001 08 Michelot Yogogombaye v. Senegal

AfCHPR Ruling

Preview

Type of Document

Judgement

Keywords

Jurisdiction
Refugees / Asylum Seekers
Retro-activity of offence
Transitional Justice

Country

Senegal

Outcome

Ruled inadmissible

Year Decided: 15 ديسمبر 2009

Rights Alleged to be Violated

ACHPR 7.2 : Legal Offense without Retrospection

Rights Violated

None Indicated

Rights Not Violated

ACHPR 7.2 : Legal Offense without Retrospection

Duration of Procedure: 29 ديسمبر 2008 ~ 15 ديسمبر 2009

Country Geolocation

خط العرض: 14.497401

خط الطول: -14.452362

Country Geolocation (مرتبط AfCHPR Ruling): Senegal

المستندات الأولية

001_08 Michelot Yogogombaye v. Senegal.pdf
English
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تحميل عرض
24. 001-08 - Michelot Yogogombaye v. Senegal.pdf
Portuguese
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تحميل عرض

Achpr instr proto court eng

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case.

Treaty

Achpr instr proto court eng

Article 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

Achpr instr proto court eng

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case

Treaty

Achpr instr proto court eng

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case

Treaty

Rules of Court {African Court on Human and People's Rights}

Rule 8Inability to Sit, Exemption and Withdrawal1. Any Member of the Court who is unable to attend a sittingof the Courtshall notify the President as early as possible.2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rule 34Commencement of Proceedings1. The Applicant shall file in the Court Registry, one (1) copy of theapplication containing a summary of the facts of the case andof theevidence intended to be adduced.The said application shall be signed by the Applicant or by his/herrepresentative.The Registrar shall acknowledge receipt of the application.2. Any application addressed to the Court shall give clear particulars of theApplicant and of the party or parties against whom such application hasbeen brought. The application shall also contain the names and addressesof the persons designated as the Applicant’s representatives.3. The application shall be written in one of the official languages of theCourt, and the original forwarded to the Court Registry.4. The application shall specify the alleged violation, evidence of exhaustionof local remedies or of the inordinate delay of such local remedies as well asthe orders or the injunctions sought. All applications filed by individualsand Non-Governmental Organizations shall meet the other admissibilityconditions as set out in article 56 of the Charter and Rule 40 of these Rules.5. Any Applicant who on his/her own behalf or on behalf of the victimwishes to be granted reparation pursuant to article 27(1) of the Protocol shallinclude the request for the reparation in the application in accordance withsub-rule 4 above. The amount of the reparation and the evidence relatingthereto may be submitted subsequently within the time limit set by theCourt.6. The Registrar shall effect service of the application on the other party byregistered post together with a request to acknowledge receipt.

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rule 35Transmission of Applications1. Upon the receipt of an application filed in accordance with article 5(1)and (3) of the Protocol, the Registrar shall transmit a copy thereof togetherwith any annexes, to the President and other Members of the Court.2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;b) State Party whose citizen is a victim of the alleged violation;c) State Party against which an application has been filed at theCommission;d)Commission;e) Individual or legal entity or the Non-Governmental Organization thathas filed an application at the Commission by virtue of article 55 ofthe Charter.3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;4. In forwarding applications as stipulated in sub-rules 2 and 3 of this Rule,the Registrar shall invite:a) the Respondent State Party to indicate, within thirty (30) days ofreceipt of the application, the names and addresses of itsrepresentatives; 25b) any other State Party that may wish to intervene in the proceedingsunder article 5(2) of the Protocol, to inform the Registrar accordingly,within the time stipulated in Rule 53;c) if applicable, the Commission to forward to the Registrar, within thirty(30) days the names and addresses of its representatives;

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rule 52Preliminary Objections1. Any party served with the application may raise preliminary objections toany part or parts thereof.2. Preliminary objections shall be raised at the latest before the date fixed bythe Court for the filing of the first set of pleadings to be submitted by theparty who intends to raise the objections.3. The submission of preliminary objections shall not cause the proceedingson the substantive case to be suspended unless the Court so decides. In anycase, the Court shall rule on the objections or incorporate its ruling in itsdecision on the substantive case.4. Every preliminary objection shall set out the facts and the law on whichthe objection is based as well as the submissions and a list of the documentsin support, if any; it shall also specify any evidence which the party intendsto produce. Certified copies of all supporting documents shall be attached.5. Where a party raises a preliminary objection, the Court shall invite theother party to submit, its written observations in reply before ruling on thepreliminary objection, the Court may decide to invite the parties to submitfurther observations in writing.

Rules of Procedure

Achpr instr proto court eng

Article 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

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.

Treaty

Achpr instr proto court eng

Treaty

Rules of Court {African Court on Human and People's Rights}

Rule 39Preliminary Examination of the Competence of the Court and ofAdmissibility of Applications1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Rules of Court {African Court on Human and People's Rights}

Rules of Procedure

Achpr instr proto court eng

Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Treaty

Rules of Court {African Court on Human and People's Rights}

Rule 26Jurisdiction1. Pursuant to the Protocol, the Court shall have jurisdiction:a) to deal with all cases and all disputes submitted to it concerninginterpretation and application of the Charter, the Protocol and any otherrelevant human rights instrument ratified by the States concerned;b) to render an advisory opinion on any legal matter relating to the Charteror any other relevant human rights instruments, provided that the subjectof the opinion is not related to a matter being examined by the Commission;c) to promote amicable settlement in cases pending before it in accordancewith the provisions of the Charter;d) to interpret a judgment rendered by itself; ande) to review its own judgment in light of new evidence in conformity withRule 67 of these Rules.2. In the event of a dispute as to whether the Court has jurisdiction, theCourt shall decide.

Rules of Procedure

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

Achpr instr proto court eng

Treaty

005 12 SO Amir Adam Timan v. Sudan (Separate Opinion Fatsah Ouguergouz)

paragraph 39 of the Yogogombaye Judgment

AfCHPR Ruling

Achpr instr proto court eng

Treaty

Rules of Court {African Court on Human and People's Rights}

Rule 60Court’s Deliberations1. The deliberations of the Court shall be heldin cameraand shall remainconfidential.2. Only Judges who were Members of the Panel that heard the case shallparticipate in the deliberations of the Court.3. The decision of the Court shall be made by a majority of the Members ofthePanel present.4. In the event of a tied vote, the Presiding Judge shall have a casting vote.5. Any Member of the Court who heard the case may deliver a separate ordissenting opinion.

Rules of Procedure

Achpr instr proto court eng

Article 28 JUDGMENT1. The Court shall render its judgment within ninety (90) days of having completed its deliberations.2. The judgment of the Court decided by majority shall be final and not subject to appeal.3. Without prejudice to sub-article 2 above, the Court may review its decision in the light of new evidence under conditions to be set out in the Rules of Procedure.4. The Court may interpret its own decision.5. The judgment of the Court shall be read in open court, due notice having been given to the parties.6. Reasons shall be given for the judgment of the Court.7. If the judgment of the court does not represent, in whole or in part, the unanimous decision of the judges, any judge shall beentitled to deliver a separate or dissenting opinion.

Treaty

Treaties and softlaw only28
- Treaty17
- Rules of Procedure11
لا تسمية4
- AfCHPR Ruling3
- 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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