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African Human Rights CLA 2.0
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132العلاقات

Com 302.05 eng

Document

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Summary of the Complaint1
Prayers2
PROCEDURE2
THE LAW5
Admissibility5
The Complainant’s Arguments on Admissibility6
Arguments of the Respondent State on Admissibility7
The Commission’s Analysis on Admissibility7
Decision of the Commission on Admissibility10
Merits10
The Complainant’s Arguments on the Merits10
Violation of Article 3 11
Violation of Articles 7(1)(a) and 7(1)(c)13
Arguments of the RespondentState16
Violation of Article 316
Violation of Articles 7(1)(a) and7(1)(c)17
Analysis of the Commissiononthe Merits17
Violation of Article 317
Violation of Articles 7(1)(a) and7(1)(c)20
Prayersof the Complainant 26
Decision of the Commission28

Com 302.05 eng

Document

Preview

Type of Document

Decision

Keywords

actio popularis
Damages and Compensation
Domestic/National Laws
Jurisdiction
pacta sunt servanda
Right to be Heard
Right to Equality Before the Law
Right to Fair Trial
Specific Violation not Provided

Case Head Notes: The Communication was submitted against the Democratic Republic of Congo (State Party to the African Charter and hereafter referred to as the DRC ) .The Complainant has been a member of the National Bar Association since 12 October 1965 and is a member of the Bar of the Bukavu Court of Appeal.

Country

Democratic Republic of Congo

Outcome: Decided on Merits

Year Decided: 23 أبريل 2013

Rights Alleged to be Violated

ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.c: Right to Defence

Rights Violated

ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.c: Right to Defence

Rights Not Violated

None Indicated

Duration of Proceduretest

20 أبريل 2005 ~ 23 أبريل 2013

Country Geolocation

خط العرض: -4.038333

خط الطول: 21.758664

Country Geolocation (مرتبط Document): Democratic Republic of the Congo

المستندات الأولية

com_302.05_eng.pdf
English
تحميل عرض

Banjul charter

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

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

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

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 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

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 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 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

7759 file oau charter 1963

Treaty

Banjul charter

Treaty

1. UN Charter 2

UN Document

7759 file oau charter 1963

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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,

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Achpr18 135 94 eng

Document

Free Legal Assistance Group and Others v Zaire

Document

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

Document

Degli and Others v Togo

Document

275 03 Article 19 v Eritrea

64.To determine the question of admissibility of this communication, the African Commission will have to answer, among others, the following questions -: •who is required under the African Charter to exhaust local remedies – the author of the communication or the victim of the alleged human rights violations?;•does the removal of a Chief Justice render domestic remedies unavailable and insufficient?;•does the fact that a State has failed to abide by its own laws render domestic remedies “hopeless, impractical and unreasonable?”;•does the communication reveal massive and serious violations of human and peoples’ rights?; and •does the continuous incommunicado detention of the victims render domestic remedies unavailable, ineffective and inefficient?

Document

Achpr37 268 03 eng

Document

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

31. The rationale of the local remedies rule both in the Charter and other international instruments is toensure that before proceedings are brought before an international body, the State concerned must havehad the opportunity to remedy the matter through its own local system. This prevents the Commission fromacting as a court of first instance rather than a body of last resort.1 Three major criteria could be deducedfrom the practice of the Commission in determining this rule, namely: the remedy must be available,effective and sufficient.

Document

Achpr34 250 02 eng

Document

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

Document

275 03 Article 19 v Eritrea

46.The African Commission has held in previous communications that for local remedies to be exhausted, they must be available, effective and sufficient. In communication Nos 147/95 and 149/96, the African Commission held that a remedy is considered available if the Complainant can pursue it without impediment, it is deemed effective if it offers a prospect of success, and it is found sufficient if it is capable of redressing the complaint.

Document

322 06 Tsatsu Tsikata Ghana

Document

Banjul charter

Treaty

Banjul charter

Treaty

Achpr18 135 94 eng

Document

Banjul charter

Article 61The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognized by member states of the Organization of African Unity, African practices consistent with international norms on human and people's rights, customs generally accepted as law, general principles of law recognized by African states as well as legal precedents and doctrine.

Treaty

Rojas DeNegri v Chile

Inter-American Court/Commission Documents

322 06 Tsatsu Tsikata Ghana

Document

Banjul charter

Treaty

Com 302.05 eng

Document

Banjul charter

Treaty

Rules of Procedure of the African Commission

ACmHPR Soft Law

Banjul charter

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

Banjul charter

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

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

Rules of Procedure of the African Commission

A member of the Commission may 2. resign from his or her position at any time. He or she shall do so through a written notification addressed to the Chairperson of the Commission who shall transmit it to the Chairperson of the African Union Commission.

ACmHPR Soft Law

Rules of Procedure of the African Commission

Rule 83 Records of Communications under Articles 47, 48, 49 and 55 of the CharterThe Commission shall receive or note 1. as the case may be, Communications or notifications under Articles 47, 48, 49 and 55 of the Charter.The Secretary shall maintain a 2. record of each Communication, with a reference number, the names of the parties, the date of registration or notification, and the date of decision or closure of each Communication

ACmHPR Soft Law

European Convention on Human Rights

ARTICLE 6Right to a fair trial1. In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal established by law. Judgment shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interests of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private life of the parties so require, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice.2. Everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law.3. Everyone charged with a criminal offence has the following minimum rights: 1011(a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him;(b) to have adequate time and facilities for the preparation of his defence;(c) to defend himself in person or through legal assistance of his own choosing or, if he has not sufficient means to pay for legal assistance, to be given it free when the interests of justice so require;(d) to examine or have examined witnesses against him and to obtain the attendance and examination of witnesses on his behalf under the same conditions as witnesses against him;(e) to have the free assistance of an interpreter if he cannot understand or speak the language used in court.

Treaty

45. Principles and Guidelines on the right to Fair Trail and Legal Assistance in Africa

ACmHPR Soft Law

Banjul charter

Article 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 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

(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. Article 8

Treaty

Banjul charter

Treaty

Banjul charter

rticle 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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 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 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 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

Banjul charter

Article 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 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 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 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

2. Universal Declaration of Human Rights

Article I All human beings are born free and equal in dignity and rights. They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood.

UN Document

2. Universal Declaration of Human Rights

Article 6 Everyone has the right to recognition everywhere as a person before the law.

UN Document

ICCPR

UN Document

ICCPR

Article 26 All persons are equal before the law and are entitled without any discrimination to the equal protection of the law. In this respect, the law shall prohibit any discrimination and guarantee to all persons equal and effective protection against discrimination on any ground such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status.

UN Document

European Convention on Human Rights

ARTICLE 14Prohibition of discriminationThe enjoyment of the rights and freedoms set forth in this Convention shall be secured without discrimination on any ground such as sex, race, colour, language, religion, political or other opinion, national or social origin, association with a national minority, property, birth or other status.

Treaty

INTCCPR423903

UN Document

Banjul charter

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

ICCPR

b) To ensure that any person claiming such a remedy shall have his right thereto determined by competent judicial, administrative or legislative authorities, or by any other competent authority provided for by the legal system of theState, and to develop the possibilities of judicial remedy;

UN Document

ICCPR

Article 141. All persons shall be equal before the courts and tribunals. In the determination of any criminal charge against him, or of his rights and obligations in a suit at law, everyone shall be entitled to a fair and public hearing by a competent, independent and impartial tribunal established by law. The press and the public may be excluded from all or part of a trial for reasons of morals, public order (ordre public) or national security in a democratic society, or when the interest of the private lives of the parties so requires, or to the extent strictly necessary in the opinion of the court in special circumstances where publicity would prejudice the interests of justice; but any judgement rendered in a criminal case or in a suit at law shall be made public except where the interest of juvenile persons otherwise requires or the proceedings concern matrimonial disputes or the guardianship of children.

UN Document

Achpr26 48.90 50.91 52.91 89.93 eng

Document

Banjul charter

Treaty

Banjul charter

1.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

Treaty

Achpr33 222.98 229.99 eng

Document

Achpr26 48.90 50.91 52.91 89.93 eng

Document

Colozzav. Italy

EU document

Achpr33 222.98 229.99 eng

Document

Banjul charter

Treaty

ICCPR

UN Document

Neumeister v. Austria [27 Jun 1968] [EN]

EU document

DELCOURT v. BELGIUM

EU document

Prosecutor v. Tadic

UN Document

Neumeister v. Austria [27 Jun 1968] [EN]

EU document

DELCOURT v. BELGIUM

EU document

DOMBO BEHEER B.V. v. THE NETHERLANDS

EU document

Banjul charter

Treaty

Banjul charter

Article 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 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

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;

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Banjul charter

Treaty

59 91 Embga Mekongo Louis Cameroon

Document

253 02 Antonie Bissangou Congo

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Alhassan Abubakar Ghana

Document

143 95 150 96 Constitutional Rights Project and Civil Liberties Organisation ...

Document

39 90 8AR Annette Pagnoulle Cameroon

Document

59 91 Embga Mekongo Louis Cameroon

Document

253 02 Antonie Bissangou Congo

Document

Achpr47 313 05 eng

Document

Rules of Procedure of the African Commission

Rule 112 Follow-up on the recommendations of the CommissionAfter the consideration of the 1. Commission’s Activity Report by the Assembly, the Secretary shall notify the parties within thirty (30) days that they may disseminate the decision. In 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

Treaty

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

Achpr47 313 05 eng

Document

Achpr46 272 03 eng

Document

Treaties and softlaw only95
- Treaty81
- UN Document8
- ACmHPR Soft Law5
- Inter-American Court/Commission Documents1
Cases Referenced7
- Document7
لا تسمية1
- Document1
International cases/decisions28
- EU document6
- Document20
- UN 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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