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274/03 and 282/03 – Interights, ASADHO and Madam O. Disu v Democratic Republic of Congo

ACHPR Decision

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Summary of the Facts1
The Complaint3
THE PROCEDURE3
THE LAW6
Admissibility6
The Complainants’ submissions on Admissibility6
The Respondent State’s submissions on Admissibility6
The Commission’s Analyses on Admissibility7
The Commission’s decision on Admissibility9
Merits9
The Complainants’ submissions on the Merits9
The Commission’s analyses on the merits11
The Complainants’ prayers18
Decision of the Commission19

274/03 and 282/03 – Interights, ASADHO and Madam O. Disu v Democratic Republic of Congo

ACHPR Decision

Preview

Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Freedom from Discrimination
Protection of Family and Vulnerable Groups
Right to Fair Trial

Case Head Notes: The Communications were submitted on behalf of military officers and other civilians, all of them Congolese nationals against the Democratic Republic of Congo (State Party to the African Charter, hereinafter referred to as the DRC).

Country

Democratic Republic of Congo

Outcome: Report on Implementation in 180 days

Year Decided: Nov 5, 2013

Rights Alleged to be Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 5: Cruel Inhuman and Degrading Treatment

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 18.1: Protection of the family
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest

Rights Not Violated (ACHPR Provisions)

ACHPR 2: Freedom from Discrimination

Duration of Procedure

Nov 5, 2013 ~ Jan 10, 2003

Primary Documents

achpr54_decis__274_and_282_03_drc_2013_eng.pdf
English
Download View

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

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

Treaty

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

Treaty

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

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

Treaty

International Covenant on Civil and Political Rights ICCPR

4. Anyone sentenced to death shall have the right to seek pardon or commutation of the sentence. Amnesty, pardon or commutation of the sentence of death may be granted in all cases

UN Document

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

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

Treaty

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

ACHPR Decision

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

Rule 113 Extension of timeSubject to the provisions of Rule 1. 111, when a deadline is fixed for a particular submission, either party may apply to the Commission for extension of the period stipulated.The Commission may grant an 2. extension which shall not exceed one (1) month, and shall not grant more than one extension per party for any given submission

ACHPR Soft Law

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal

Treaty

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal.

Treaty

African Charter on Human and Peoples' Rights

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 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.

Treaty

International Covenant on Civil and Political Rights ICCPR

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

UN Document

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Communication 279/03-296/05 - Sudan Human Rights Organisation & Centre on Housing Rights and Evictions (COHRE) v. Sudan

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

International Covenant on Civil and Political Rights ICCPR

2. Anyone who is arrested shall be informed, at the time of arrest, of the reasons for his arrest and shall be promptly informed of any charges against him.

UN Document

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.

Treaty

Communication 220/98 - Law Offices of Ghazi Suleiman v. Sudan

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

Communication 241/01 - Purohit & Moore v. Gambia

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

Communication 302/05 - Mr Mamboleo M. Itundamilamba v. Democratic Republic of Congo

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

ECW/CCJ/JUD/03/08 - Chief Ebrimah Manneh v. Gambia

ECOWAS Court

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

Treaty

African Charter on Human and Peoples' Rights

(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;

Treaty

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

ACHPR Decision

African Charter on Human and Peoples' Rights

(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;

Treaty

African Charter on Human and Peoples' Rights

c) the right to defense, including the right to be defended by counsel of his choice

Treaty

275/03 Article 19 v Eritrea

ACHPR Decision

African Charter on Human and Peoples' Rights

(d) the right to be tried within a reasonable time by an impartial court or tribunal

Treaty

275/03 Article 19 v Eritrea

ACHPR Decision

151/96 Civil Liberties Organisation v Nigeria

ACHPR Decision

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral

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

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. 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

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.

Treaty

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

n the event of a decision against a 2. State Party, the parties shall inform the Commission in writing, within one hundred and eighty (180) days of being informed of the decision in accordance with paragraph one, of all measures, if any, taken or being taken by the State Party to implement the decision of the Commission.

ACHPR Soft Law

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral.

Treaty

African Charter on Human and Peoples' Rights

Treaty

Treaties and softlaw only63
- Treaty57
- UN Document3
- ACHPR Soft Law2
- ACHPR Decision1
Cases Referenced9
- ACHPR Decision8
- ECOWAS Court1

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