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25/89 Free Legal Assistance Group and Others v Zaire

ACHPR Decision

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Procedure1
Law2
Admissibility2
Merits3
Holding3

25/89 Free Legal Assistance Group and Others v Zaire

ACHPR Decision

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Type of Document

Decision

Keywords

Admissibility
Arbitrary Arrest and Detention
Corruption
Cruel and Degrading Treatment
Education
Exhaustion of Local Remedies
Extra-Judicial Killings
Freedom from Discrimination
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Opinion
Functioning and Independence of the Judiciary
Massive Human Rights Violations
Military Offences
Militia operations / Armed conflicts
Peace and Security
Personal Liberty
Personal security
Right to be Heard before a Competent Court
Right to Education
Right to Fair Trial
Right to Health
Right to Life
Right to Property
Right to Work
Torture and Ill Treatment

Country

Democratic Republic of Congo

Outcome: Decided on Merits

Year Decided: Oct 11, 1995

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 7.1: Right to be Heard
ACHPR 10: Right to Freedom of Association
ACHPR 11: Right to Freedom of Assembly
ACHPR 12: Right to Freedom of Movement
ACHPR 14: Right to Property
ACHPR 15: Right to Work
ACHPR 16: Right to Health
ACHPR 17: Right to Education
ACHPR 20.1: Right to existence
ACHPR 4: Right to Life and Integrity
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 56.5: Exhaustion of local remedies
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 8: Right to Freedom of Conscience

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 16: Right to Health
ACHPR 17: Right to Education
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 8: Right to Freedom of Conscience

Rights Not Violated (ACHPR Provisions)

None Indicated

Duration of Procedure

Jun 22, 1989 ~ Oct 11, 1995

Country Geolocation

Latitude: -4.038333

Longitude: 21.758664

Country Geolocation (linked ACHPR Decision): Democratic Republic of the Congo

Primary Documents

Free Legal Assistance Group and Others v Zaire .pdf
English
Download View

47/90 Lawyers Committee for Human Rights v Zaire

ACHPR Decision

59/91 Embga Mekongo Louis v Cameroon

ACHPR Decision

103/93 Alhassan Abubakar v Ghana

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

47/90 Lawyers Committee for Human Rights v Zaire

ACHPR Decision

African Charter on Human and Peoples' Rights

Article 581. When it appears after deliberations of the Commission that one or more communications apparently relate to special cases which reveal the existence of a series of serious or massive violations of human and peoples' rights, the Commission shall draw the attention of the Assembly of Heads of State and Government to these special cases. 2.The Assembly of Heads of State and Government may then request the Commission to undertake an in-depth study of these cases and make a factual report, accompanied by its findings and recommendations. 3.A case of emergency duly noticed by the Commission shall be submitted by the latter to the Chairman of the Assembly of Heads of State and Government who may

Treaty

African Charter on Human and Peoples' Rights

Treaty

47/90 Lawyers Committee for Human Rights v Zaire

ACHPR Decision

103/93 Alhassan Abubakar v Ghana

ACHPR Decision

001/2016 - Dalia Lotfy (on behalf Ahmed Bassiouny) v Egypt

"A government shouldhavenoticeofahumanrightsviolationinordertohavethe opportunitytoremedysuchviolationsbeforebeingcalledbeforeaninternationalbody."4

ACERWC Decision

001/2016 - Dalia Lotfy (on behalf Ahmed Bassiouny) v Egypt

FreeLegalAssistanceGroup,LawyersCommitteeforHumanRight,UnionlnterafricaineDesDroitsDeL'Hommes,LesTemoinsDeJehovaV.DRCCommunicationno.25/89,47/90,56/91,100/93(Joined)para36

ACERWC Decision

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

Communication 25/89, 47/90, 56/91, 100/93 - Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, les Temoins de Jehovah v. Democratic Republic of the Congo (1995) A H ,_., para 40

ACHPR Decision

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

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

47/90 Lawyers Committee for Human Rights v Zaire

ACHPR Decision

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 8 4Freedom of conscience, the profession and free practice of religion shall be guaranteed. No one may, subject to law and order, be submitted to measures restricting the exercise of these freedoms.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

103/93 Alhassan Abubakar v Ghana

ACHPR Decision

African Charter on Human and Peoples' Rights

Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State.

Treaty

African Charter on Human and Peoples' Rights

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick. Article 171. Every individual shall have the right to education. 2. Every individual may freely, take part in the cultural life of his community. 3.The promotion and protection of morals and traditional values recognized by the 6community shall be the duty of the State

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

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

Treaties and softlaw only18
- Treaty16
- ACHPR Decision2
Cases Referenced8
- ACHPR Decision6
- Treaty2
No Label22
- ACHPR Decision15
- ACERWC Decision 7
Location1
- Countries (Geolocation) 1

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