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UNION AFRICAINE AFRICAN UNION African Commission on Human & Peoples' Rights (|fi) UNIAO AFRICANA Commission Africaine des Droits de I'Homme & des Peuples 31 Bijilo Annex Layout, Kombo North District, Western Region,P. O. Box 673, Banjul, TheGambia Tel: (220) 4410505/4410506; Fax: (220) 4410504 E-mail: au-baniul(Q)africa-union.org: Web www.achpr.org Communication 427/12 SERAP (on behalf of Daniel Nsofor and Osayinwinde Agbomien) Adoptedby the African Commission on Hitman and Peoples' Rights during ihe 57* Ordinary Session,from ihe 4 to 18 November 2015 Banjul, The Gambia ^rf Hon. Commissioner Faith Pansy Tlakula Chairperson ofthe African Commission on Human and Peoples' Rights Dr. Mary Maboreke Secretaryto the AfricanCommission on Human and Peoples' Rights

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427/12 - SERAP (on behalf of Daniel Nsofor & Osayinwinde Agbomien) v Nigeria

ACHPR Decision

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Type of Document

Decision

Keywords

Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Death Sentence
Detention Facilities/Conditions
Equality Before the Law
Freedom from Discrimination
Functioning and Independence of the Judiciary
Inadequate/Inappropriate Legal Provisions
Massive Human Rights Violations
Personal Liberty
Right to a General Satisfactory Environment
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Health
Right to Life

Case Head Notes: The Complainant alleges that despite its obligations under the African Charter and other international treaties to which it is a Party, the Government of the Respondent State,through the Edo State authorities, has violated the right to a fair trial of Daniel Nsofor and Osayinwinde Agbomien (the Victims), who are two death row inmates at the Edo State Prison. It alleges that the Respondent State has committed serious, persistent and irreparable violations of the Victims'rights: to life; to competent and effective legal representation;to trial by a competent, independent and impartial tribunal established by law; to the presumption of innocence; to appeal to an independent and impartial tribunal; and to fair trial guarantees during appeals.

Country

Nigeria

Outcome: Struck Out

Year Decided: Nov 18, 2015

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 2: Freedom from Discrimination
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

Rights Violated (ACHPR Provisions)

None Indicated

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Oct 25, 2012 ~ Nov 18, 2015

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

Country Geolocation (linked ACHPR Decision): Nigeria

Primary Documents

communication_427.pdf
english
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African Human Rights CLA 2.0

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427/12 - SERAP (on behalf of Daniel Nsofor & Osayinwinde Agbomien) v Nigeria

Primary Documents

African Charter on Human and Peoples' Rights

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

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

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

African Charter on Human and Peoples' Rights

African Charter on the Rights and Welfare of the Child

African Charter on the Rights and Welfare of the Child

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

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

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

African Charter on Human and Peoples' Rights

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

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

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

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