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African Human Rights CLA 2.0
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275 03 Article 19 v Eritrea

Document

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Summary of Facts1
Complaint2
Procedure2
Law4
Admissibility4
Issues before the African Commission5
Submissions by the Complainant5
Submissions by the State5
Decision of the African Commission on admissibility6
Decision on the Merits10
Holding13
Footnotes13

275 03 Article 19 v Eritrea

Document

Preview

Type of Document

Decision

Keywords

Competence of the Court
Cruel and Degrading Treatment
Detention Facilities/Conditions
Domestic/National Laws
Due Diligence
Elections / Referenda
Freedom of Association
Freedom of Expression
Freedom of Opinion
Human Rights Violations
Judicial Independence
Participation in Government
Personal Liberty
Protection of Family and Vulnerable Groups
Reparations / Remedies
Right to be Heard
Right to Equality Before the Law
Right to Fair Trial
Right to Information
Right to Work
State Internal Security
Torture and Ill Treatment
إقامة العدل
الاعتقال والاحتجاز التعسفي
المقبولية

Country

Eritrea

Outcome: Decided on Merits

Year Decided: 7 ديسمبر 2004

Rights Alleged to be Violated

ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 1 - General Obligations
ACHPR 13 : Right to Participate in Government
ACHPR 18 : Protection of the Family and Vulnerable Groups
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
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

ACHPR 7.1 : Right to be Heard
ACHPR 9 : Right to Receive Information and Free Expression
ACHPR 1 - General Obligations
ACHPR 18 : Protection of the Family and Vulnerable Groups
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Not Violated

ACHPR 13 : Right to Participate in Government
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
None Indicated

Duration of Proceduretest

14 أبريل 2003 ~ 7 ديسمبر 2004

Country Geolocation

خط العرض: 15.179384

خط الطول: 39.782334

Country Geolocation (مرتبط Document): Eritrea

المستندات الأولية

275-03 - Article 19 v Eritrea.pdf
English
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تحميل عرض

Banjul charter

The 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.

Treaty

Banjul charter

rticle 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

rticle 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law.

Treaty

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

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 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

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

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

Com 302.05 eng

Article 19 v. Eritreapara 46.

Document

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

Document

Banjul charter

Treaty

TFA decision ACERWC

Article19 v. Eritrea (2007) AHRLR 73 (ACHPR 2007), Communication No 275/2003, May 2007, Para. 47

ACERWC Decision on Communication

TFA decision ACERWC

(I) the existence of domestic procedures for dealing with the claim; (ii) the domestic justiciability of the subject-matter of the complaint; (iii) the existence under the municipal legal order of provisions for redress of the type of wrong being complained of; and (iv) available effective local remedies, that is, remedies sufficient or capable of redressing the wrong complained of.

ACERWC Decision on Communication

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Com 302.05 eng

Article 19 v. Eritrea(2007) AHRLR 73 (ACHPR 2007) para. 64

Document

Achpreos11 351 07 eng

Communication 275/2003, Article 19 v The State of Eritrea(2007), para 65

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

47 90 Lawyers Committee for Human Rights Zaire

Document

Free Legal Assistance Group and Others v Zaire

Document

Achuthan and Another (on behalf of Banda and Others) v Malawi

Document

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication 275/03

Document

379 09 Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v...

para 72

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

icle 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

379 09 Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v...

para 77

Document

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication 275/2003

Document

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

Document

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

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

102 93 Constitutional Rights Project Nigeria

Document

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication 275/2003

Document

Banjul charter

Treaty

102 93 Constitutional Rights Project Nigeria

Document

Alhassan Abubakar Ghana

Document

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Treaty

Banjul charter

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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.

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. 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.

Treaty

Banjul charter

Treaty

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Treaty

Treaties and softlaw only53
- Treaty53
Cases Referenced8
- Document8
لا تسمية36
- Document34
- ACERWC Decision on Communication2
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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