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147/95_149/96 Sir Dawda K. Jawara v Gambia (The)

ACHPR Decision

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Summary of Facts1
Communication 147/951
Communication 149/961
The Government's Response1
Complaint2
Procedure2
Law2
Admissibility2
Merits4
Decision of the African Commission7

147/95_149/96 Sir Dawda K. Jawara v Gambia (The)

ACHPR Decision

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Type of Document

Decision

Keywords

Administration of Justice
Arbitrary Arrest and Detention
Civil and Political Rights
Cruel and Degrading Treatment
Democracy
Extra-Judicial Killings
Freedom from Discrimination
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Opinion
Freedom of Religion
Functioning and Independence of the Judiciary
Implementation of Decisions
Kidnapping/Sequestration
Military Dictatorship
Military Offences
Murder/Assassination
Participation in Government
Peace and Security
Personal Liberty
Right to Fair Trial
Right to Life
Right to Property
State Internal Security
Torture and Ill Treatment
Transitional Justice

Country

Gambia

Outcome: Decided on Merits

Year Decided: May 11, 2000

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 12: Right to Freedom of Movement
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
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
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court
ACHPR 7.2 : Legal Offense without Retrospection
ACHPR 9.1: Right to Receive Information
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 12: Right to Freedom of Movement
ACHPR 2: Freedom from Discrimination
ACHPR 20 : Right to Self-Determination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court
ACHPR 7.2 : Legal Offense without Retrospection
ACHPR 9.1: Right to Receive Information
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Rights Not Violated (ACHPR Provisions)

ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment

Duration of Procedure

Nov 30, 1995 ~ May 11, 2000

Country Geolocation

Latitude: 13.443182

Longitude: -15.310139

Country Geolocation (linked ACHPR Decision): Gambia

Primary Documents

147_95-149_96 Sir Dawda K. Jawara _ Gambia (The).pdf
English
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86. 147_95-149_96 Sir Dawda K. Jawara _ Gambia (The) - PT.pdf
Portuguese
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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

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

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. 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

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural.

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association.

Treaty

African Charter on Human and Peoples' Rights

Treaty

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 Charte

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 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

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Communication 670/17 - Fadhl Al Mawla Husni Ahmed Ismail & 19 Ors (represented by Freedom and Justice Party of Egypt) v. Egypt

Communication 147 /95-149/96 - Sir Dowda K. Jawara v The Gambia (2000) ACHPR para 24

ACHPR Decision

002/2009 IHRDA (on behalf of Children of Nubian Descent) v. Kenya

Communication Nos. 147/95 and 149/96, the African Commission held that a remedy is considered availableif the Complainant can pursue it without impediment;it is deemed effectiveif it offers a prospect of success;and it is found sufficientif it is capable of redressing the complaint.

ACERWC Decision

259/02 Working Group on Strategic Legal Cases v Democratic Republic of Congo

See Sir Dawda K. Jawara v. Gambia Communication 147/95-149/96 (2000) RADH 107 (2000) para 31 .7 See Jawara para 32 . Emphasis by the Commission

ACHPR Decision

331/06 Kamanakao Association, Reteng & Minority Rights Group v Botswana

Sir Dawda K. Jawara v.The Gambia

ACHPR Decision

Communication 416/12 –Jean-Marie Atangana Mebara v. Cameroon

para 31

ACHPR Decision

Communication 670/17 - Fadhl Al Mawla Husni Ahmed Ismail & 19 Ors (represented by Freedom and Justice Party of Egypt) v. Egypt

Communication 147 /95-149/96 - Sir Dowda K. Jawara v The Gambia (2000) ACHPR para 31

ACHPR Decision

368/09 Abdel Hadi, Ali Radi & Others v Sudan

Sir Dawda Jawarav. The Gambia

ACHPR Decision

002/2009 IHRDA (on behalf of Children of Nubian Descent) v. Kenya

Paras 31 and 32.

ACERWC Decision

368/09 Abdel Hadi, Ali Radi & Others v Sudan

Dawda Jawara v. The Gambia

ACHPR Decision

379/09 Monim Elgak, Osman Hummeida & Amir Suliman (represented by FIDH and OMCT) v Sudan

Jawara v Gambia para 32

ACHPR Decision

002/2009 IHRDA (on behalf of Children of Nubian Descent) v. Kenya

Dawda Jawara v. The Gambia, Communication Nos. 147/95 and 149/96, para.32

ACERWC Decision

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

147/95-149/96: Sir K. Jawara / Gambia (The), Para. 32 and 33

ACERWC Decision

002/2015 - IHRDA & Finders Group Initiative on behalf of TFA (a minor) v. Cameroon

a remedy is available if the petitioner can pursue it without impediments or if he can make use of it in the circumstances of his case.

ACERWC Decision

Communication 416/12 –Jean-Marie Atangana Mebara v. Cameroon

Jawara para 32

ACHPR Decision

002/2009 IHRDA (on behalf of Children of Nubian Descent) v. Kenya

“only domestic remedies that are available, effective, andadequate (sufficient) that need to be exhausted”.

ACERWC Decision

Communication 228/99 - Law Offices of Ghazi Suleiman v. Sudan

para. 32. ofcommunications147/95and149/96 Sir Dawda K. Jawara/The Gambia

ACHPR Decision

379/09 Monim Elgak, Osman Hummeida & Amir Suliman (represented by FIDH and OMCT) v Sudan

Jawara case para 33

ACHPR Decision

379/09 Monim Elgak, Osman Hummeida & Amir Suliman (represented by FIDH and OMCT) v Sudan

Jawara case paras 33 and 34

ACHPR Decision

328/06 Front for the Liberation of the State of Cabinda v Angola

Jawara v The Gambia

ACHPR Decision

60/91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and others) v Nigeria

ACHPR Decision

60/91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and others) v Nigeria

ACHPR Decision

328/06 Front for the Liberation of the State of Cabinda v Angola

Jawara v The Gambia

ACHPR Decision

African Charter on Human and Peoples' Rights

Article 47If a State party to the present Charter has good reasons to believe that another State party to this Charter has violated the provisions of the Charter, it may draw, by written communication, the attention of that State to the matter. This communication shall also be addressed to the Secretary General of the OAU and to the Chairman of the Commission. Within three months of the receipt of the communication, the State to which the communication is addressed shall give the enquiring State, written explanation or statement elucidating the matter. This should include as much as possible relevant information relating to the laws and rules of procedure applied and applicable, and the redress already given or course of action available.

Treaty

African Charter on Human and Peoples' Rights

Article 49Notwithstanding the provisions of 47, if a State party to the present Charter considers that another State party has violated the provisions of the Charter, it may refer the matter directly to the Commission by addressing a communication to the Chairman, to the Secretary General of the Organization of African Unity and the State concerned.

Treaty

African Charter on Human and Peoples' Rights

Treaty

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

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

272/03 Association of Victims of Post Electoral Violence & Interights v Cameroon

communication No. 147/95 and 149/96 Sir Dawda K. Jawara against The Gambia paragraph 46.

ACHPR Decision

259/02 Working Group on Strategic Legal Cases v Democratic Republic of Congo

ee Jawara v. The Gambia Communication 147/95-149/96 (2000) RADH 107 (2000) para 46

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

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

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

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

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

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

242/01 Interights, Institute for Human Rights and Development in Africa, and Association Maurianienne des Droits de l'Homme v Mauritania

, para. 59

ACHPR Decision

African Charter on Human and Peoples' Rights

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

African Charter on Human and Peoples' Rights

Article 9 1. 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

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

Article 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

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

60/91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and others) v Nigeria

ACHPR Decision

74/92 Commission Nationale des Droits de l'Homme et des libertés v Chad

ACHPR Decision

83/92 Jean Yakovi Degli (on behalf of Caporal N. Bikagni) v Togo

ACHPR Decision

25/89 Free Legal Assistance Group and Others v Zaire

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

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Cases Referenced6
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