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246/02 Mouvement Ivoirien des Droits Humains (MIDH) v Cote d'Ivoire

ACHPR Decision

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Summary of Facts 1
Complaint1
Procedure1
Law2
Admissibility3
Respondent State’s Submissions on admissibility3
Merits5
Complainant’s submission on the merits5
Respondent State’s submission on the merits5
African Commission’s decision on the merits6
Allegations on the violation of Articles 2 and 13 of the African Charte6
Holding10
Footnotes11

246/02 Mouvement Ivoirien des Droits Humains (MIDH) v Cote d'Ivoire

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Citizenship/Nationality and Related Rights
Civil and Political Rights
Damages and Compensation
Domestic/National Laws
Elections / Referendums
Equality
Equality Before the Law
Exhaustion of Local Remedies
Freedom from Discrimination
Freedom of Opinion
Inadequate/Inappropriate Legal Provisions
Participation in Government
Provisional/interim measures
Right to an Identity
Right to Fair Trial

Case Head Notes: On 8th February 2002, the Secretariat of the African Commission on Human and Peoples’ Rights (the African Commission) received from Mr Ibrahim Doumbia, First Vice-President of the Movement Ivoirien des Droits Humains (MIDH)1, a communication submitted pursuant to Article 55 of the African Charter on Human and Peoples’ [Rights] (the African Charter)

Country

Côte d'Ivoire

Outcome: Decided on Merits

Year Decided: Jul 29, 2008

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 13: Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 3.2: Equal protection of the law

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 13: Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3.2: Equal protection of the law

Duration of Procedure

Feb 8, 2002 ~ Jul 29, 2008

Country Geolocation

Latitude: 7.539988999999999

Longitude: -5.547079999999999

Country Geolocation (linked ACHPR Decision): Côte d'Ivoire

Primary Documents

246-02 - Mouvement Ivoirien des Droits Humains (MIDH) v Cote d'Ivoire.pdf
English
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246-02 - Mouvement Ivoirien des Droits Humains (MIDH) v Cote d'Ivoire pt-PT.pdf
Portuguese
ML TOC
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African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Treaty

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

147/95_149/96 Sir Dawda K. Jawara v Gambia (The)

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

147/95_149/96 Sir Dawda K. Jawara v Gambia (The)

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 25 Every citizen shall have the right and the opportunity, without any of the distinctions mentioned in article 2 and without unreasonable restrictions: (a) To take part in the conduct of public affairs, directly or through freely chosen representatives; (b) To vote and to be elected at genuine periodic elections which shall be by universal and equal suffrage and shall be held by secret ballot, guaranteeing the free expression of the will of the electors; (c) To have access, on general terms of equality,to public service in his country.

UN Document

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

International Covenant on Civil and Political Rights ICCPR

Article 7 No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In particular, no one shall be subjected without his free consent to medical or scientific experimentation

UN Document

54/91_61/91_96/93_98/93_164/97 _196/97 _210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l'Homme and RADDHO, Collectif des Veuves et Ayants-Droit, Association Mauritanienne des Droits de l'Homme v Mauritania

ACHPR Decision

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

Treaty

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- Treaty36
- UN Document2
Cases Referenced3
- ACHPR Decision3
No Label3
- ACHPR Decision2
- ACERWC Decision 1
Location1
- Countries (Geolocation) 1

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