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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
تسجيل الدخول

معلومات
21العلاقات

Communication 427

Document

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جدول المحتويات

Summary of the Complaint2
Articles alleged to have been violated5
Prayers5
Procedure5
Analysis of the Commission to strike out6
Decision of the Commission6

Communication 427

Document

Preview

Type of Document

Decision

Keywords

Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Death Sentence
Detention Facilities/Conditions
Discrimination
Inadequate Legal Provisions
Judicial Independence
Massive Human Rights Violations
Personal Liberty
Right to a General Satisfactory Environment
Right to be Heard
Right to Dignity
Right to Equality Before the Law
Right to Fair Trial
Right to Health
Right to Life

Case Head Notes: The Complainant alleges that despite its obligations under the African Charter and other international treaties to which it is a Party, the Government of the Respondent State,through the Edo State authorities, has violated the right to a fair trial of Daniel Nsofor and Osayinwinde Agbomien (the Victims), who are two death row inmates at the Edo State Prison. It alleges that the Respondent State has committed serious, persistent and irreparable violations of the Victims'rights: to life; to competent and effective legal representation;to trial by a competent, independent and impartial tribunal established by law; to the presumption of innocence; to appeal to an independent and impartial tribunal; and to fair trial guarantees during appeals.

Country

Nigeria

Outcome: Struck Out

Year Decided: 18 نوفمبر 2015

Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 2: Freedom from Discrimination
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
ACHPR 7 : Right to Fair Trial

Rights Violated

None Indicated

Rights Not Violated

None Indicated

Duration of Proceduretest

25 أكتوبر 2012 ~ 18 نوفمبر 2015

Country Geolocation

خط العرض: 9.081999

خط الطول: 8.675277

Country Geolocation (مرتبط Document): Nigeria

المستندات الأولية

communication_427.pdf
English
تحميل عرض

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. 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 o

Treaty

Banjul charter

Treaty

Banjul 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

3. African Charter on the Rights and Welfare of the Child

ARTICLE 5: SURVIVAL AND DEVELOPMENT1. Every child has an inherent right to life. This right shall be protected by law.2. States Parties to the present Charter shall ensure, to the maximum extent possible, the survival, protection and development of the child.3. Death sentence shall not be pronounced for crimes committed by children.

Treaty

3. African Charter on the Rights and Welfare of the Child

Treaty

Banjul charter

Treaty

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.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 la

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 prohibited.

Treaty

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. 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

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

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

Rules of Procedure of the African Commission

When the Commission has decided 1. to be seized of a Communication pursuant to the present Rules, it shall promptly transmit a copy of the complaint to the Respondent State. It shall simultaneously inform the Complainant of the decision on seizure, and request the Complainant to present evidence and arguments on admissibility within two months.

ACmHPR Soft Law

Rules of Procedure of the African Commission

39Sub-Section 2 Procedure On Admissibility Rule 105 Submissions of observationsWhen the Commission has decided 1. to be seized of a Communication pursuant to the present Rules, it shall promptly transmit a copy of the complaint to the Respondent State. It shall simultaneously inform the Complainant of the decision on seizure, and request the Complainant to present evidence and arguments on admissibility within two months.

ACmHPR Soft Law

Rules of Procedure of the African Commission

ule 113 Extension of timeSubject to the provisions of Rule 1. 111, when a deadline is fixed for a particular submission, either party may apply to the Commission for extension of the period stipulated.The Commission may grant an 2. extension which shall not exceed one (1) month, and shall not grant more than one extension per party for any given submission.

ACmHPR Soft Law

Treaties and softlaw only20
- Treaty16
- ACmHPR Soft Law4
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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