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أوازي من إعداد:
African Human Rights CLA 2.0
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32العلاقات

242 01 Interights, Institute for Human Rights and Development in Africa, and...

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جدول المحتويات

Summary of Facts1
Complaint2
Procedure2
Law3
Admissibility3
Merits3
On the Principles Governing the Right to a Fair Trial4
On the Legality of the Regulatory Act of Dissolution and the Illegitimate and Unjustified Nature of the Failings Charged Upon Political Party UFD / Ere Nouvelle5
Holding11

242 01 Interights, Institute for Human Rights and Development in Africa, and...

Document

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Type of Document

Decision

Keywords

Civil and Political Rights
Corruption
Discrimination
Economic, Social and Cultural Development
Freedom of Association
Freedom of Expression
Participation in Government
Right to be Heard
Right to Fair Trial
Right to Property
Transitional Justice

Country

Mauritania

Outcome: Decided on Merits

Year Decided: 4 يونيو 2004

Rights Alleged to be Violated

ACHPR 1 - General Obligations
ACHPR 10 : Right to Freedom of Association
ACHPR 13 : Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 9.2 : Right to Express and Disseminate Opinions Within the Law

Rights Violated

ACHPR 10.1: Freedom of association

Rights Not Violated

ACHPR 1 - General Obligations
ACHPR 13 : Right to Participate in Government
ACHPR 14: Right to Property
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 9.2 : Right to Express and Disseminate Opinions Within the Law
None Indicated

Duration of Proceduretest

2 مايو 2001 ~ 4 يونيو 2004

Country Geolocation

خط العرض: 21.00789

خط الطول: -10.940835

Country Geolocation (مرتبط Document): Mauritania

المستندات الأولية

242_01 Interights, Institute for Human Rights and Development in Africa, and....pdf
English
تحميل عرض
68. 242_01 Interights, Institute for Human Rights and Development in Africa, and Association Maurianienne des Droits de l'Homme v Mauritania PT.pdf
Portuguese
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تحميل عرض

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

Treaty

Banjul charter

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

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 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. Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws. Article

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.

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

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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. Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

Treaty

Banjul charter

Article 271. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

Treaty

Banjul charter

Treaty

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law.

Treaty

140 94 141 94 145 95 Constitutional Rights Project, Civil Liberties Organisation and...

41. In contrast to other international human rights instruments, the African Charter does not contain aderogation clause. Therefore limitations on the rights and freedoms enshrined in the Charter cannot bejustified by emergencies or special circumstances. The only legitimate reasons for limitations of the rightsand freedoms of the African Charter are found in Article 27(2), that is, that the rights of the Charter "shall beexercised with due regard to the rights of others, collective security, morality and common interest".42. The justification of limitations must be strictly proportionate with and absolutely necessary for theadvantages, which follow. Most important, a limitation may not erode a right such that the right itselfbecomes illusory.

Document

140 94 141 94 145 95 Constitutional Rights Project, Civil Liberties Organisation and...

42. The justification of limitations must be strictly proportionate with and absolutely necessary for theadvantages, which follow. Most important, a limitation may not erode a right such that the right itselfbecomes illusory.

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140 94 141 94 145 95 Constitutional Rights Project, Civil Liberties Organisation and...

Document

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

59. The Commission in its decision on communication 101/93 laid down a general principle with respect tofreedom of association that "competent authorities should not enact provisions which limit the exercise ofthis freedom. The competent authorities should not override constitutional provisions or underminefundamental rights guaranteed by the constitution or international human rights standards" . This principletherefore applies not only to freedom of association but also to all other rights and freedoms. For a State toavail itself of this plea, it must show that such a law is consistent with its obligations under the Charter. TheCommission finds the arrests and incommunicado detention of the aforementioned persons inconsistentwith Gambia's obligations under the Charter. They constitute arbitrary deprivation of their liberty and thus aviolation of Article 6 of the Charter. Decree No. 3 is, therefore, contrary to the spirit of Article 6.

Document

Treaties and softlaw only23
- Treaty23
Cases Referenced4
- Document4
لا تسمية4
- Document4
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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