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أوازي من إعداد:
African Human Rights CLA 2.0
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معلومات
25العلاقات

Achpr33 222.98 229.99 eng

Document

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جدول المحتويات

Summary of Facts1
Provisions of the Charter allegedly violated1
Procedure1
Submissions of the Complainant2
Submissions of the Respondent State3
Law3
Admissibility3
Merits4
Holding7

Achpr33 222.98 229.99 eng

Document

Preview

Type of Document

Decision

Keywords

Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Exhaustion of Local Remedies
False Imprisonment
Human Rights Violations
Judicial Independence
Military Tribunals
Militia operations / Armed conflicts
Peace and Security
Personal Liberty
Personal security
Reparations / Remedies
Right to be Heard
Right to Dignity
Right to Information
Torture and Ill Treatment
الاعتقال والاحتجاز التعسفي

Case Head Notes: The Complainant alleges that these individuals were arrested on 1st July 1998 or around this date and that they weredetained by the Government of Sudan without charge and were refused contact with their lawyers or their families.

Country

Sudan

Outcome: Amicable Settlement

Year Decided: 29 مايو 2003

Rights Alleged to be Violated

ACHPR 7.1 : Right to be Heard
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
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 7.1 : Right to be Heard
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Not Violated

None Indicated

Duration of Proceduretest

28 سبتمبر 1998 ~ 29 مايو 2003

Country Geolocation

خط العرض: 12.862807

خط الطول: 30.217636

Country Geolocation (مرتبط Document): Sudan

المستندات الأولية

achpr33_222.98_229.99_eng.pdf
English
تحميل عرض

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 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. 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.

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.

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

ICCPR

Article 91. Everyone has the right to liberty and security of person. No one shall be subjected to arbitrary arrest or detention. No one shall be deprived of his liberty except on such grounds and in accordance with such procedure as are established by law. 2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him. 3. Anyone arrested or detained on a criminal charge shall be brought promptly before a judge or other officer authorized by law to exercise judicial power and shall be entitled to trial within a reasonable time or to release. It shall not be the general rule that persons awaiting trial shall be detained in custody, but release may be subject to guarantees to appear for trial, at any other stage of the judicial proceedings, and, should occasion arise, for execution of the judgement. 4. Anyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings before a court, in order that that court may decide without delay on the lawfulness of his detention and order his release if the detention is not lawful. 5. Anyone who has been the victim of unlawful arrest or detention shall have an enforceable right to compensation

UN Document

TFA decision ACERWC

the right of appeal is a right falling under the right to have one‟s cause heard under Article 7 of the Charter

ACERWC Decision on Communication

TFA decision ACERWC

Law Offices of Ghazi Suleiman v Sudan communication no. 222/98 and 229/99, para 51-53

ACERWC Decision on Communication

Achpr26 48.90 50.91 52.91 89.93 eng

Document

Banjul charter

Treaty

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

Document

Banjul charter

(d) the right to be tried within a reasonable time by an impartial court or tribunal

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

لا تسمية10
- Document6
- ACERWC Decision on Communication3
- ECOWAS Court1
Treaties and softlaw only12
- Treaty11
- UN Document1
Cases Referenced2
- Document2
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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