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407/11 Artur Margaryan & Artur Sargsyan v Kenya

ACHPR Decision

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Articles Alleged to Have Been Violated2
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Decision of the Commission3

407/11 Artur Margaryan & Artur Sargsyan v Kenya

ACHPR Decision

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Type of Document

Decision

Keywords

Right to Fair Trial
Right to Work

Case Head Notes: The Complainants are Armenian nationals who normally reside in the United Arab Emirates. The Complainants submit that on 18 January 2006 they applied for work permits for the position of Directors in "Kensington Holdings Limited" and "Brother Link International Limited" in the Respondent State. These companies were registered in the Respondent State's Registrar of Companies on 13 February 2004 and 1 December 2005, respectively. The Complainants submit that they were each granted a work permit for a period of two years on 19 January 2006 by the Inter-Ministerial Committee of the Respondent State.

Country

Kenya

Outcome: Struck Out

Year Decided: Feb 25, 2013

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation

Latitude: -0.023559

Longitude: 37.906193

Country Geolocation (linked ACHPR Decision): Kenya

Primary Documents

407_11 Artur Margaryan and Artur Sargsyan v the Republic of Kenya.pdf
English
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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.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

rticle 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.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

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

Rule 105 Submissions of observationsWhen the Commission has decided 1. to be seized of a Communication pursuant to the present Rules, it shall promptly transmit a copy of the complaint to the Respondent State. It shall simultaneously inform the Complainant of the decision on seizure, and request the Complainant to present evidence and arguments on admissibility within two months. Upon receipt of the Complainant’s 2. observations on admissibility, the Secretary shall transmit a copy to the respondent state and request the latter to make a written submission, containing its arguments and evidence on admissibility, within two months of its receipt of the Commission’s request. The Secretariat shall, within a week of receipt of the state’s submission, provide the Complainant with a copy.Upon receiving the observations 3. of the Respondent State on Admissibility, the Complainant may comment on the observations within one month of receipt. In conformity with Rule 88(6), the 4. Commission, while determining Admissibility may ask the parties to present supplementary observations in an oral hearing.

ACHPR Soft Law

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

ACHPR Soft Law

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

ACHPR Soft Law

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

39Sub-Section 2 Procedure On Admissibility Rule 105 Submissions of observationsWhen the Commission has decided 1. to be seized of a Communication pursuant to the present Rules, it shall promptly transmit a copy of the complaint to the Respondent State. It shall simultaneously inform the Complainant of the decision on seizure, and request the Complainant to present evidence and arguments on admissibility within two months.

ACHPR Soft Law

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

ACHPR Soft Law

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- ACHPR Soft Law5
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