مرتبة حسب

تم إضافة التاريخ

82 العلاقات, 13 الكيانات

10 من 82 محاور

اختر الفقرة المستهدفة3

● ● ●

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

معلومات
82العلاقات

Achpreos11 351 07 eng

Document

نصائح البحث

بحث النص

اكتب نص في خانة البحث لتظهر بعض النتائج

جدول المحتويات

Summary of the Complaint1
Articlesalleged to have been violated3
Prayers4
Procedure4
The Law on Admissibility6
Submissionsof the Complainant6
Respondent State’s submissionson Admissibility9
The African Commission’s Analysis on Admissibility13
Decision of the African Commission on Admissibility24

Achpreos11 351 07 eng

Document

Preview

Type of Document

Decision

Keywords

Coercion / Duress
Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Detention Facilities/Conditions
Discrimination
Enforced disappearance
Freedom of Assembly
Freedom of Association
Freedom of Expression
Freedom of Movement
Human Rights Violations
Inadequate Legal Provisions
Investigation
Non Compliance
Personal Liberty
Police Brutality and Offences
Reparations / Remedies
Right to Dignity
Right to Equality Before the Law
Right to Fair Trial
Right to Health
Right to Life
Right to Property
Right to Self-Determination
Right to Work
Torture and Ill Treatment
الاعتقال والاحتجاز التعسفي

Case Head Notes: The Complainant states that the Victim is an unemployed male citizen of Zimbabwe who was 27 years old at the time the Complaint was submitted.He states further that in 2005, the Victim was the President of the Student Representative Council (SRC) of the Bindura University in the Mashonal and Province of Zimbabwe, which was highly critical of Government policies on higher education.

Country

Zimbabwe

Outcome: Ruled inadmissible

Year Decided: 1 مارس 2012

Rights Alleged to be Violated

ACHPR 14: Right to Property
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.b : Innocent Until Proven Guilty

Rights Violated

None Indicated

Rights Not Violated

None Indicated

Duration of Proceduretest

5 نوفمبر 2007 ~ 1 مارس 2012

Country Geolocation

خط العرض: -19.015438

خط الطول: 29.154857

Country Geolocation (مرتبط Document): Zimbabwe

المستندات الأولية

achpreos11_351_07_eng.pdf
English
تحميل عرض

Banjul charter

rticle 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;

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. 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

Treaty

Banjul charter

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.

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

Are compatible with the Charter of the Organization of African Unity or with the present Charter

Treaty

Banjul charter

Are compatible with the Charter of the Organization of African Unity or with the present Charter

Treaty

Banjul charter

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

Treaty

Banjul charter

4.Are not based exclusively on news discriminated through the mass media,

Treaty

Banjul charter

4.Are not based exclusively on news discriminated through the mass media,

Treaty

Banjul charter

re sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

232 99 John D. Ouko Kenya

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

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

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

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

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

Treaty

Banjul charter

Treaty

Banjul charter

Are compatible with the Charter of the Organization of African Unity or with the present Charter

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

307 05 Obert Chinhamo Zimbabwe

Document

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

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

rticle 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

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

rticle 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. 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

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

308 05 Michael Majuru v Zimbabwe

Document

308 05 Michael Majuru v Zimbabwe

63.Black’s Law Dictionary definesrationae materaeas “by reason of the matter involved; in consequence of, or from the nature of, the subject-matter”. Whilerationae personaeis defined as “By reason of the person concerned; from the character of the person".

Document

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.

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.

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

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

Achpr47 333 06 eng

Document

Banjul charter

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

Treaty

Banjul charter

Treaty

Banjul charter

Treaty

Banjul charter

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

Treaty

Banjul charter

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

Achpr47 333 06 eng

Document

Achpr47 333 06 eng

51.This Commission notes that, one of its primary considerations under Article 56.2 is whether there has been prima facieviolation of human rights guaranteed by the African Charter. Furthermore, as was its position in Mouvement des réfugiés mauritaniens au Sénégal v Senegal, 5 the Commission is only concerned with whether there is preliminary proof that a violation occurred. Therefore, in principle, it is not mandatory for the Complainant to mention specific provisions of the African Charter that have been violated

Document

307 05 Obert Chinhamo Zimbabwe

Document

307 05 Obert Chinhamo Zimbabwe

Document

Achpreos9 361 05 eng

Document

Banjul charter

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

307 05 Obert Chinhamo Zimbabwe

Document

Achpreos9 361 05 eng

Document

Achpreos9 361 05 eng

108. 108.Therefore, local remedies could have been exhausted by the victim, the Complainant or any other person. The African Commission is thus not convinced that the Complainant or the victim in the present Communication attempted, to exhaust local remedies, and was unable to exhaust those remedies because they were not available, effective or sufficient. The African Commission is of the view that the measures taken by the second victim as stated above in paragraph 102, to deal with the matter, do not fall within the purview of the African Commission’s meaning of domestic remedies. The African Commission, therefore, is of the opinion that local remedies were not attempted.

Document

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

Document

299 05 Anuak Justice Council Ethiopia

Document

275 03 Article 19 v Eritrea

Document

299 05 Anuak Justice Council Ethiopia

58. The Complainant's submissions also demonstrate that it is apprehensive about the success of localremedies either because of fear for the safety of lawyers, the lack of independence of the judiciary or themeagre resources available to the judiciary. Apart from casting aspersions on the effectiveness of localremedies, the Complainant has not provided concrete evidence or demonstrated sufficiently that theseapprehensions are founded and may constituted [sic] a barrier to it attempting local remedies. In the view ofthis Commission, the Complainant is simply casting doubts about the effectiveness of the domesticremedies. This Commission is of the view that it is incumbent on every complainant to take all necessarysteps to exhaust, or at least attempt the exhaustion of, local remedies. It is not enough for the complainantto cast aspersion on the ability of the domestic remedies of the State due to isolated or past incidences. Inthis regard, the African Commission would like to refer to the decision of the [UN] Human Rights Committeein A v. Australia16 in which the Committee held that "mere doubts about the effectiveness of local remedies... did not absolve the author from pursuing such remedies".17 The African Commission can therefore not7 declare the communication admissible based on this argument. If a remedy has the slightest likelihood tobe effective, the applicant must pursue it. Arguing that local remedies are not likely to be successful,without trying to avail oneself of them, will simply not sway this Commission

Document

275 03 Article 19 v Eritrea

65.As regards who is required to exhaust local remedies, the African Charter is clear. It indicates in Article 56.1 that the authors of the communication must indicate their identity even if they claim anonymity. This presupposes that domestic remedies are to be exhausted but by the authors. In the consideration of communications, the African Commission has adopted an actio popularis approach where the author of a communication need not know or have any relationship with the victim. This is to enable poor victims of human rights violations on the continent to receive assistance from NGOs and individuals far removed from their locality. All the author needs to do is to comply with the requirements ofArticle 56. The African Commission has thus allowed many communications from authors acting on behalf of victims of human rights violations. Thus, having decided to act on behalf of the victims, it is incumbent on the author of a communication to take concrete steps to comply with the provisions ofArticle 56 or to show cause why it is impracticable to do so.

Document

Banjul charter

Treaty

Rencontre Africaine pour la Défense des Droits de l’Homme v Zambia

10. The rule requiring the exhaustion of local remedies as a condition of the presentation of an international claim is founded upon, amongst other principles, the contention that the respondent state must first have an opportunity to redress by its own means within the framework of its own domestic legal system, the wrong alleged to have been done to the individual.

Document

Rencontre Africaine pour la Défense des Droits de l’Homme v Zambia

12. When the Zambian government argues that the communication must be declared inadmissible because the local remedies have not been exhausted, the government then has the burden of demonstrating the existence of such remedies. The government of Zambia attempts to do so by referring to the Immigration and Deportations Act which provides for appeal of expulsion orders. The government states that actions for loss of property likewise can be brought under Zambian law.

Document

307 05 Obert Chinhamo Zimbabwe

Document

Banjul charter

Treaty

Banjul charter

Treaty

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

Treaty

Banjul charter

Treaty

Rules of Procedure of the African Commission

107 Decision on AdmissibilityOnce it has considered the positions 1. of the parties, the Commission shall make a decision on the admissibility of the Communication and the Secretary shall inform the parties accordingly. Once a Communication has been 2. declared admissible, the Commission shall inform the parties and defer the Communication to the next session for consideration on the merit. The Commission’s decisions on the 3. inadmissibility of Communications shall be notified to the parties and attached to its Activity Report.

ACmHPR Soft Law

Treaties and softlaw only60
- Treaty59
- ACmHPR Soft Law1
Cases Referenced9
- Document9
International cases/decisions12
- Document12
Geolocation1
- Countries geolocation1

Create Reference

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

نصائح البحث

عرض

إضافة كيانات (أو إدخالات)/ مستندات

نصائح البحث