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434/12 Filimao Pedro Tivane (represented by Dr. Simeao Cuamba) v. Mozambique

ACHPR Decision

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Summary of the Complain1
Articles alleged to have been violated2
Prayers3
Procedure3
Admissibility4
The Complainant’s Submissions on Admissibility 4
The Commission’s Analysis on Admissibility5
Decision of the African Commission on Admissibility10

434/12 Filimao Pedro Tivane (represented by Dr. Simeao Cuamba) v. Mozambique

ACHPR Decision

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Damages and Compensation
Detention Facilities/Conditions
Exhaustion of Local Remedies
Land Expropriation
Protection of Privacy
Rent Disputes
Right to Fair Trial
Right to Privacy
Right to Property

Case Head Notes: The Complainant avers that on 14 January 1976 a senior official of the party-led State Committee, accompanied by police agents, arrested the Victim without a warrant and forcibly took him to the “Sacuzo Concentration Camp in Sofala Provinceand subsequently to the Intoculo Concentration Camp in Nampula Province, (these camps are commonly known as re-education centres),”2where he remained in detention until 03 August 1988. The Complainant submits that at the time of the Victim’s arrest, the Respondent State took possession of the Victim’s house and leased it to the Embassy of the Union of Soviet Socialist Republic (USSR).

Country

Mozambique

Outcome: Ruled Inadmissible

Year Decided: Nov 4, 2016

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 7.1.c: Right to Defence

Rights Violated (ACHPR Provisions)

ACHPR 56.5: Exhaustion of local remedies

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Sep 19, 2012 ~ Nov 4, 2016

Country Geolocation

Latitude: -18.665695

Longitude: 35.529562

Country Geolocation (linked ACHPR Decision): Mozambique

Primary Documents

434-12 Filimao Pedro Tivane (represented by Dr. Simeao Cuamba) v. Mozambique.pdf
English
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African Charter on Human and Peoples' Rights

rticle 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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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.

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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Rules of Procedure of the African Commission on Human and People's Rights

ule 113 Extension of timeSubject to the provisions of Rule 1. 111, when a deadline is fixed for a particular submission, either party may apply to the Commission for extension of the period stipulated.The Commission may grant an 2. extension which shall not exceed one (1) month, and shall not grant more than one extension per party for any given submission.

ACHPR Soft Law

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.

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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,

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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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

Rules of Procedure of the African Commission on Human and People's Rights

Rule 105 Submissions of observationsWhen the Commission has decided 1. to be seized of a Communication pursuant to the present Rules, it shall promptly transmit a copy of the complaint to the Respondent State. It shall simultaneously inform the Complainant of the decision on seizure, and request the Complainant to present evidence and arguments on admissibility within two months. Upon receipt of the Complainant’s 2. observations on admissibility, the Secretary shall transmit a copy to the respondent state and request the latter to make a written submission, containing its arguments and evidence on admissibility, within two months of its receipt of the Commission’s request. The Secretariat shall, within a week of receipt of the state’s submission, provide the Complainant with a copy.

ACHPR Soft Law

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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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

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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African Charter on Human and Peoples' Rights

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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

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

Rules of Procedure of the African Commission on Human and People's Rights

Rule 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. If the Commission has declared a 4. Communication inadmissible this decision may be reviewed at a later date, upon the submission of new evidence, contained in a written request to the Commission by the author.

ACHPR Soft Law

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- ACHPR Soft Law3
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- Countries (Geolocation) 1

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