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001/11 Femi Falana v. The African Union (Separate Opinion By Judge Jean Mutsinzi)

AfCHPR Decision

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Type of Document

Separate Opinion

Keywords

Jurisdiction

Country

AU/AU Organ

Year Decided: Jun 26, 2012

Rights Violated (ACHPR Provisions)

None Indicated

Duration of Procedure: ~ Jun 26, 2012

Primary Documents

001_11_SO_JM Femi Falana v. The African Union (Separate Opinion - Jean Mutsinzi).pdf
English
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44. 001_11_SO_JM Femi Falana v. The African Union (Separate Opinion - Jean Mutsinzi).pdf
Portuguese
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Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 28 JUDGMENT1. The Court shall render its judgment within ninety (90) days of having completed its deliberations.2. The judgment of the Court decided by majority shall be final and not subject to appeal.3. Without prejudice to sub-article 2 above, the Court may review its decision in the light of new evidence under conditions to be set out in the Rules of Procedure.4. The Court may interpret its own decision.5. The judgment of the Court shall be read in open court, due notice having been given to the parties.6. Reasons shall be given for the judgment of the Court.7. If the judgment of the court does not represent, in whole or in part, the unanimous decision of the judges, any judge shall beentitled to deliver a separate or dissenting opinion

Treaty

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

Treaty

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

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

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

Article 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

Treaty

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

Treaty

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

Treaty

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

Treaty

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

rticle 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

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

Treaty

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

Treaty

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

Treaty

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

Treaty

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

Treaty

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

Article 30 EXECUTION OF JUDGMENTThe States Parties to the present Protocol undertake to comply with the judgment in any case to which they are parties within the time stipulated by the Court and to guarantee its execution

Treaty

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

Treaty

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

Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

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