سابق 21 / 21 التالي

EX.CL/717 (XX) Page 179 Done in Banjul, The Gambia during the 9th Extra-ordinary Session of the African Commission on Human and Peoples’ Rights, 23 February to 3 March 2011.

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أوازي من إعداد:
African Human Rights CLA 2.0
مكتبة
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معلومات
63العلاقات

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Summary of Complaint 1
Articles alleged to have been violated 2
Procedure2
The Law on Admissibility4
Complainant’s Submission on Admissibility4
Respondent State’s Submission on Admissibility7
Supplementary Submission by the Complainant 10
Oral Submissions at the 47th Ordinary Session12
Decision on the Competence of the Commission12
The African Commission’s Analysis on Admissibility16
DECISION OF THE AFRICAN COMMISSION 20

Achpreos9 361 05 eng

Document

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Type of Document

Decision

Keywords

Competence of the Court
Cruel and Degrading Treatment
Discrimination
Domestic/National Laws
Enforced disappearance
Equality
False Imprisonment
Freedom of Movement
Inadequate Legal Provisions
Investigation
Personal Liberty
Personal security
Protection of Family and Vulnerable Groups
Right to be Heard
Right to Dignity
Right to Equality Before the Law
Right to Fair Trial
Right to Life
Right to Property
Torture and Ill Treatment
الاعتقال والاحتجاز التعسفي

Case Head Notes: The Communication is submitted by Prof. Dr. Liesbeth Zegveld (Attorney at Law) (hereinafter called the Complainant) on behalf of Mr Jose Eugency Zitha (herein after called first victim) and Prof. Pacelli L.J. Zitha (herein after called second victim). The Respondent State is the Republic of Mozambique a State party to the African Charter on Human and Peoples’ Rights (the African Charter or the Charter).

Country

Mozambique

Outcome: Ruled inadmissible

Year Decided: 3 مارس 2011

Rights Alleged to be Violated

ACHPR 2: Freedom from Discrimination
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 7.1.d: Right to be tried within a Reasonable Time by Impartial Court

Rights Violated

None Indicated

Rights Not Violated

None Indicated

Duration of Proceduretest

9 يونيو 2008 ~ 3 مارس 2011

Country Geolocation

خط العرض: -18.665695

خط الطول: 35.529562

Country Geolocation (مرتبط Document): Mozambique

المستندات الأولية

achpreos9_361_05_eng.pdf
English
تحميل عرض

Banjul charter

Treaty

Banjul charter

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Banjul charter

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

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

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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 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

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Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

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Banjul charter

Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity,

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Banjul charter

Are not based exclusively on news discriminated through the mass media

19. 25 89 47 90 56 91 100 93 Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. DRC

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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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Banjul charter

Treaty

Banjul charter

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

Article 65For each of the States that will ratify or adhere to the present Charter after its coming into force, the Charter shall take effect three months after the date of the deposit by that State of its instrument of ratification or adherence

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

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

Treaty

Banjul charter

Treaty

Banjul charter

Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity,

Treaty

Document

Banjul charter

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

Treaty

Banjul charter

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

Treaty

لا تسمية3
- Document3
Treaties and softlaw only48
- Treaty46
- Document2
Cases Referenced11
- Document11
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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