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Judge Modibo T. GUINDO, Judge Fatsah OUGUERGOUZ, Judge Joseph N. MULENGA, Judge Duncan TAMBALA, Judge Elsie N. THOMPSON, Judge Sylvain ORÉ, Judge and Robert ENO, Acting Registrar 4

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Fatsah OUGUERGOUZ, Judge4
Joseph N. MULENGA, Judge4
Duncan TAMBALA, Judge4
Sylvain ORÉ, Judge and4
Robert ENO, Acting Registrar4

04/11 African Commission on Human and Peoples' Rights v Libya (Order of Provisional measures)

AfCHPR Decision

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Type of Document

Order

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Freedom from Discrimination
Freedom of Assembly
Freedom of Movement
Participation in Government
Peace and Security
Right to Life
Torture and Ill Treatment

Country

Libya

Outcome

Order of Provisional Measures

Year Decided: Mar 25, 2011

Rights Violated (ACHPR Provisions)

None Indicated

Duration of Procedure: Mar 16, 2011 ~ Mar 25, 2011

Country Geolocation

Latitude: 32.555928957402294

Longitude: 13.279895782470705

Country Geolocation (linked AfCHPR Decision): Libya

Primary Documents

04/2011 African Commission on Human and Peoples' Rights v Libya (Order of Provisional measures).pdf
English
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04/2011 African Commission on Human and Peoples' Rights v Libya (Order of Provisional measures) - PT.pdf
Portuguese
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RequÃªte no 004-2011 - African Commission on Human and Peoplesâ Rights c. Great Socialist People's Libyan Arab Jamahiriya (Ordonnance en indication de mesures Provisoires).PDF
French
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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

rticle 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary

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 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

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

Rule 51Interim Measures1. Pursuant to article 27(2) of the Protocol, the Court may, at the request ofa party, the Commission or on its own accord, prescribe to the parties anyinterim measure which it deems necessary to adopt in the interest of theparties or of justice.2. In case of extreme urgency, the President may convene an extraordinarysession of the Court to decide on measures to be taken. He/she may, in thisregard, and by all reliable means, enlist the views of the Members notpresent.3.The Court shall duly notify the parties to the case, the Commission, theAssembly, the Executive Council and the African Union Commission of theaforesaid interim measures.4. In the Annual Report submitted by the Court to the Assembly pursuantto article 31 of the Protocol, the Court shall disclose the interim measures itordered during the period under review. In the event of non-compliance withthese measures by the State 32concerned, the Court shall make all suchrecommendations as it deems appropriate.5. The Court may invite the parties to provide it with information on anyissue relating to implementation of the interim measures adopted by it

Rules of Procedure

African Charter on Human and Peoples' Rights

Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others. 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 groups. Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law

Treaty

African Charter on Human and Peoples' Rights

Article 231. All peoples shall have the right to national and international peace and security. The principles of solidarity and friendly relations implicitly affirmed by the Charter of the United Nations and reaffirmed by that of the Organization of African Unity shall govern relations between States. 2. For the purpose of strengthening peace, solidarity and friendly relations, States parties to the present Charter shall ensure that: (a) any individual enjoying the right of asylum under 12 of the present Charter shall not engage in subversive activities against his country of origin or any other State party to the present Charter; (b) their territories shall not be used as bases for subversive or terrorist activities against the people of any other State party to the present Charter.

Treaty

African Charter on Human and Peoples' Rights

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. 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

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.Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status.

Treaty

African Charter on Human and Peoples' Rights

rticle 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

rticle 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

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

Rule 34Commencement of Proceedings1. The Applicant shall file in the Court Registry, one (1) copy of theapplication containing a summary of the facts of the case andof theevidence intended to be adduced.The said application shall be signed by the Applicant or by his/herrepresentative.The Registrar shall acknowledge receipt of the application.

Rules of Procedure

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

Rules of Procedure

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

Rules of Procedure

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

Rule 35Transmission of Applications1. Upon the receipt of an application filed in accordance with article 5(1)and (3) of the Protocol, the Registrar shall transmit a copy thereof togetherwith any annexes, to the President and other Members of the Court.2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;b) State Party whose citizen is a victim of the alleged violation;c) State Party against which an application has been filed at theCommission;d)Commission;e) Individual or legal entity or the Non-Governmental Organization thathas filed an application at the Commission by virtue of article 55 ofthe Charter.3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;4. In forwarding applications as stipulated in sub-rules 2 and 3 of this Rule,the Registrar shall invite:a) the Respondent State Party to indicate, within thirty (30) days ofreceipt of the application, the names and addresses of itsrepresentatives; 25b) any other State Party that may wish to intervene in the proceedingsunder article 5(2) of the Protocol, to inform the Registrar accordingly,within the time stipulated in Rule 53;c) if applicable, the Commission to forward to the Registrar, within thirty(30) days the names and addresses of its representatives

Rules of Procedure

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

Rule 37Time Limit for ReplyThe State Party against which an application has been filed shall respondthereto within sixty (60) days provided that the Court may, if the needarises, grant an extension of time

Rules of Procedure

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

Rules of Procedure

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

Rules of Procedure

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

Rules of Procedure

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

2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary.

Treaty

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

Rules of Procedure

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.

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

Treaty

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

Treaty

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

Rules of Procedure

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- Rules of Procedure11
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