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232/99 John D. Ouko v Kenya

ACHPR Decision

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Summary of Facts1
Complaint1
Procedure1
Law2
Admissibility2
Merits2
For these Reasons3

232/99 John D. Ouko v Kenya

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Civil and Political Rights
Corruption
Cruel and Degrading Treatment
Detention Facilities/Conditions
Extra-Judicial Killings
Freedom from Discrimination
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Opinion
Investigation
Murder/Assassination
Personal Liberty
Refugees / Asylum Seekers
Right to Education
Right to Life
Torture and Ill Treatment

Case Head Notes: The Complainant claims to be a Student's Union leader at the University of Nairobi, Kenya, and alleges that he was forced to flee the country due to his political opinions.

Country

Kenya

Outcome: Decided on Merits

Year Decided: Nov 6, 2000

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 10: Right to Freedom of Association
ACHPR 12: Right to Freedom of Movement
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 10: Right to Freedom of Association
ACHPR 12:2: Right to leave any country including his own, and to return to his country
ACHPR 12.1: Right to freedom of movement and residence within borders of State of legal residence
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

Nov 15, 1999 ~ Nov 6, 2000

Country Geolocation

Latitude: -0.023559

Longitude: 37.906193

Country Geolocation (linked ACHPR Decision): Kenya

Primary Documents

232_99 John D. Ouko _ Kenya.pdf
English
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128. 232_99 John D. Ouko _ Kenya - PT.pdf
Portuguese
ML TOC
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African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious group

Treaty

African Charter on Human and Peoples' Rights

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

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

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

Communication 232/99

ACHPR Decision

215/98 Rights International v Nigeria

ACHPR Decision

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

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- ACHPR Decision12
- ECOWAS Court1
Treaties and softlaw only11
- Treaty11
Cases Referenced1
- ACHPR Decision1
Location1
- Countries (Geolocation) 1

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