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UNION AFRJCAINE AFRICAN UNION UNIAO AFRJCANA African Commission on Human & Peoples' Rights 31 Bijilo Annex Layout, Commission Africaina des Droits de /'Homma & des Paup/as Kombo North District, Western Region, P. 0. Box 673, Banjul, ThaGambia Tai: (220) 4410505/ 4410506; Fax: (220) 4410504 E-mail: au-ban"u/ africa-union.or · Web www.achpr.o, C o m m u n i c a t i o n 653/17 Desmond Nunugwo v Nigeria Adopted by the ,4frlcan Commission on Human and Peoples' RighJs during the 65"0rdtnary Session heldfrom 21 October to JO November 2019 Banjul, The Gambia . ........• , Ms. . Lindiwe KbnmaJo • Ag. Secretaly H uman and to ' the Afiican Commission o n Peoples' Rights

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Summary of the Complaint2
Articles alleged to have been violated4
Prayers4
Procedure4
Admissibility5
The Complainants' Submissions on Admissibility5
The Respondent State's Submissions on Admissibility6
Analysis of the African Commission on Admissibility7
Decision of the African Commission on Admissibility10

653/17 Desmond Nunugwo v Nigeria

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Death in custody
Equality
Impunity
Personal Liberty
Right to Fair Trial
Right to Life
Torture and Ill Treatment
Use of force

Country

Nigeria

Outcome: Ruled Inadmissible

Year Decided: Nov 10, 2019

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Duration of Procedure

Feb 25, 2017 ~ Nov 10, 2019

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ACHPR Decision): Nigeria

Primary Documents

653:17 Desmond Nunugwo v Nigeria .pdf
english
ML TOC
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African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

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.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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 (Banjul Charter)

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.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

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

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 (Banjul Charter)

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, 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 (Banjul Charter)

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 (Banjul Charter)

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

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Communications 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,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

4.Are not based exclusively on news discriminated through the mass media,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

4.Are not based exclusively on news discriminated through the mass media,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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 (Banjul Charter)

Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

4.Are not based exclusively on news discriminated through the mass media,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights (Banjul Charter)

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

Treaty

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- ACHPR Soft Law1

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