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Request for Advisory Opinion 002/2012 - PALU & SALC

AfCHPR Decision

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Request for Advisory Opinion 002/2012 - PALU & SALC

AfCHPR Decision

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Type of Document

Order

Keywords

Administration of Justice
Functioning and Independence of the Judiciary
Regional Judicial Bodies
Right to be Heard before a Competent Court
Right to Fair Trial

Country

SADC Tribunal

Outcome

Ruled Inadmissible

Year Decided: Mar 15, 2013

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Duration of Procedure: Nov 23, 2012 ~ Mar 15, 2013

Primary Documents

Request for Advisory Opinion 002_2012 - PALU & SALC.pdf
English
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African Charter on Human and Peoples' Rights

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter.

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 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

SADC Tribunal Protocol

SADC Tribunal Soft Law

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

1. At the request of a Member State of the OAU, the OAU, any of its organs, or any African organization recognized by the OAU, the Court may provide an opinion on any legal matter relating to the Charter or any other relevant human rights instruments, provided that the subject matter of the opinion is not related to a matter being examined by the Commission.

Treaty

Rules of Court (African Court on Human and People's Rights)

3. The subject matter of the request for advisory opinion shall not relate to an application pending before the Commission.

Rules of Procedure

Treaties and softlaw only6
- Treaty4
- SADC Tribunal Soft Law1
- Rules of Procedure1

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Treaties and softlaw only
International cases/decisions
Municipal law
Municipal court decision
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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
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