Library • African Human Rights CLA 2.0

464/14 Uhuru Kenyatta and William Ruto (represented by Innocence Project Africa) v Kenya

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Type of Document

Decision

Keywords

Admissibility
Arbitrary Arrest and Detention
Civil and Political Rights
Competence of the Court
Equality Before the Law
Exhaustion of Local Remedies
Extra-Judicial Killings
Freedom from Discrimination
Freedom of Movement
Functioning and Independence of the Judiciary
Human Rights Violations
Personal Liberty
Protection of Family and Vulnerable Groups
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Health
Right to Property
Violations Resulting from Warfare and Military Operations

Case Head Notes: This Complaint was received by the Secretariat of the African Commission on Human and Peoples'Rights (the Secretariat)on 19 February 2014, filed by Innocence Project Africa (the Author), acting on behalf of Uhuru Kenyatta and William Ruto, the President and the Deputy President respectively of the Republic of Kenya (the Victims).

Country

Kenya

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Kenya: 0° 1′ 25″ S, 37° 54′ 22″ E

ACHPR Decision

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Communication 244/01 - Arab Organization for Human Rights v. Egypt

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Damages and Compensation
Detention Facilities/Conditions
Equality Before the Law
False Imprisonment
Freedom from Discrimination
Freedom of Expression / Digital Rights
Freedom of Opinion
Personal Liberty
Right to Fair Trial
Right to Information
Torture and Ill Treatment

Case Head Notes: This complaint follows the trial and conviction by the Supreme Security Court of the Respondent State in May 2001 of Professor Saadeddin Ibrahim, Director and Chair of the Board of Directors of the Ibn Khaldun Center for Development Studies, who was also treasurer ofHay’at Da’am al-Nakhibat(Association for the Support of Women Voters, known in Egypt as ‘Hoda Association’), together with twenty-seven (27) other persons, including the six (6) other individuals mentioned above. They were all working either as permanent employees or project associates of the two organisations and ten (10) of them were tried in absentia.

Country

Egypt

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Egypt: 26° 49′ 14″ N, 30° 48′ 9″ E

ACHPR Decision

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355/ 07 - Hossam Ezzat & Rania Enayet (represented by Egyptian Initiative for Personal Rights & INTERIGHTS) v The Arab Republic of Egypt

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Type of Document

Decision

Keywords

Administration of Justice
Domestic/National Laws
Equality Before the Law
Freedom from Discrimination
Freedom of Religion
Protection of Family and Vulnerable Groups
Right to an Identity
Rights of Minority Communities

Case Head Notes: They submit that in April 2004, the victims approached the Immigration and Passports Department of the Ministry of Interior to list their three daughters on Ms Enayet’s passport. The Department agreed to add the daughters to their mother’s passport only if the applicants’ put a dash in front of “religion” on the passport application. This was complied with by the applicants and the passport was received. However, in May 2004, the Civil Status Intelligence Unit in Alexandria summoned Ms Enayet. She went with her husband and met with an officer who told them to change the religion entered on their IDs and on their daughters’ birth certificates. Their ID cards were confiscated during the meeting.

Country

Egypt

Rights Violated (ACHPR Provisions)

ACHPR 2: Freedom from Discrimination
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law

Country Geolocation: Egypt: 26° 49′ 14″ N, 30° 48′ 9″ E

ACHPR Decision

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137/94-139/94-154/96-161/97 International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interrights (on behalf of Ken Saro-Wiwa Jnr) v Nigeria

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Type of Document

Decision

Keywords

Administration of Justice
Arbitrary Arrest and Detention
Civil and Political Rights
Competence of the Court
Corruption
Cruel and Degrading Treatment
Death Sentence
Detention Facilities/Conditions
Extension of Time
Extra-Judicial Killings
Fraud
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Opinion
Functioning and Independence of the Judiciary
Murder/Assassination
Personal Liberty
Personal security
Protection of Family and Vulnerable Groups
Provisional/interim measures
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Health
Right to Information
Right to Life
Torture and Ill Treatment

Case Head Notes: These communications were submitted to the African Commission by International Pen, theConstitutional Rights Project, INTERIGHTS [and Civil Liberties Organisation] respectively. They werejoined because they all concern the detention and trial of Kenule Beeson Saro-Wiwa, a writer and Ogoniactivist, president of the Movement for the Survival of the Ogoni People. The communications 139/94 and154/96 also complain of similar human rights violations suffered by Mr Saro-Wiwa's co-defendants, also Ogoni leaders

Country

Nigeria

Rights Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 10.1: Freedom of association
ACHPR 11: Right to Freedom of Assembly
ACHPR 16: Right to Health
ACHPR 26 : Duty to Guarantee Independence of Courts
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.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Country Geolocation: Nigeria: 9° 4′ 55″ N, 8° 40′ 31″ E

ACHPR Decision

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54/91_61/91_96/93_98/93_164/97 _196/97 _210/98 Malawi African Association, Amnesty International, Ms Sarr Diop, Union Interafricaine des Droits de l'Homme and RADDHO, Collectif des Veuves et Ayants-Droit, Association Mauritanienne des Droits de l'Homme v Mauritania

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Type of Document

Decision

Keywords

Cruel and Degrading Treatment
Damages and Compensation
Domestic/National Laws
Equality
Equality Before the Law
Extra-Judicial Killings
Freedom from Discrimination
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Religion
Functioning and Independence of the Judiciary
Impunity
Militia operations / Armed conflicts
Personal Liberty
Refugees / Asylum Seekers
Right to Dignity
Right to Fair Trial
Right to Health
Right to Life
Right to Property
Rights and Welfare of the Child
Rights of Minority Communities
Torture and Ill Treatment
Women's Rights

Case Head Notes: These communications relate to the situation prevailing in Mauritania between 1986 and 1992. TheMauritanian population, it should be remarked, is composed essentially of Moors (also known as'Beidanes') who live in the North of the country, and various black ethnic groups, including the Soninke,Wolofs and the Hal-Pulaar in the South. The Haratines (freed slaves) are closely associated with theMoors, though they physically resemble the Black population of the South.

Country

Mauritania

Rights Violated (ACHPR Provisions)

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 16.1: Right to Enjoy the Best Attainable State of Physical and Mental Health
ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
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.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Country Geolocation: Mauritania: 21° 0′ 28″ N, 10° 56′ 27″ W

ACHPR Decision

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304/05 FIDH, Organisation Nationale des Droits de l'Homme (ONDH) and Rencontre Africaine pour la Defence des Droits de l'Homme v Senegal

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Type of Document

Decision

Keywords

Admissibility
Amnesty
Competence of the Court
Domestic/National Laws
Elections / Referendums
Equality
Exhaustion of Local Remedies
Extra-Judicial Killings
Impunity
Inadequate/Inappropriate Legal Provisions
Murder/Assassination
Participation in Government
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Transitional Justice

Case Head Notes: The Secretariat of the African Commission received a communication on 2nd May 2005 from the aboveNGOs, which was submitted in accordance with the provisions of Article 55 of the African Charter on Human and Peoples' Rights (the African Charter).

Country

Senegal

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Senegal: 14° 29′ 51″ N, 14° 27′ 9″ W

ACHPR Decision

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457/13 Pastor Key Mwand v Democratic Republic of Congo

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Type of Document

Decision

Keywords

Complaint against non-State Party

Case Head Notes: The Secretariat of the African Commission on Human and Peoples' Rights (the Secretariat) received a Communication on 25 September 2013 from Pastor Key Mwand, (the Complainant). The Communication is submitted in accordance with the provisions of Articles 55 and 56 of the African Charter on Human and Peoples' Rights (the African Charter or the Charter) against the Democratic Republic of Congo, hereafter referred to as the Respondent State or DRC.

Country

Democratic Republic of Congo

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Democratic Republic of the Congo: 4° 2′ 18″ S, 21° 45′ 31″ E

ACHPR Decision

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

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Type of Document

Decision

Keywords

Admissibility
Personal Liberty
Right to Fair Trial
Right to Life
Torture and Ill Treatment

Case Head Notes: The Secretariat of the African Commission on Human and Peoples' rights received a complaint on 21 November 2017 from the Freedom and Justice Party of Egypt (the Complainant), on behalf of Fadhl Al Mawla Husni Ahmed Ismail and nineteen Others, against the Arab Republic of Egypt (Respondent State). The Complaint alleged violations of Articles 4, 6 and 7 of the African Charter on Human and Peoples' Rights. The Commission declared the Communication inadmissible for failure to comply with Article 56 (1).

Country

Egypt

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Egypt: 26° 49′ 14″ N, 30° 48′ 9″ E

ACHPR Decision

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Communication 211/98 - Legal Resources Foundation v. Zambia

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Type of Document

Decision

Keywords

Equality
Equality Before the Law
Freedom from Discrimination
Participation in Government

Case Head Notes: The Respondent State is alleged to have violated Articles 2, 3, 13 and 19 of the African Charter on Human and Peoples' Rights in that the Constitution of Zambia Amendment Act of 1996 is discriminatory. The Commission decided on the merits that the Respondent State violated Articles 2, 3 (1) and 13 of the African Charter.

Country

Zambia

Rights Violated (ACHPR Provisions)

ACHPR 13: Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3.1: Equality before the law

Country Geolocation: Zambia: 13° 8′ 2″ S, 27° 50′ 58″ E

ACHPR Decision

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002 2016 George Maili Kemboge v. United Republic of Tanzania Summary

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Type of Document

Decision

Keywords

Admissibility
Amicus curiae
Best Interest of the Child
Child Abuse/Exploitation
Equality Before the Law
Exhaustion of Local Remedies
Freedom of Association
Rape
Relationship between AU Mechanisms
Reparations / Remedies
Revision of Judgment
Right to Dignity
Right to Fair Trial
Right to Health
Rights and Welfare of the Child
Sexual and Gender Based Violence
Sexual Offences
Transitional Justice

Case Head Notes: The request for Advisory opinion is submitted by the Socio Economic Rights and Accountability Project on the basis of clarifying whether the organization is recognized by the AU. SERAP argues it should be recognized by the African Union on the basis that is an African organization that is registered in Nigeria. SERAP also argues that due to its observer status with the African Commission it has the competence to request an opinion relating to any question within the scope of the ACFPR. But since SERAP doesn’t have a memorandum of understanding with the African union, it isn’t entitled to bring a request for advisory opinion before the court. The Court couldn’t give an opinion on the request due to not having personal jurisdiction.

Country

Tanzania

Rights Violated (ACHPR Provisions)

ACHPR 16: Right to Health
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 3.1: Equality before the law

Country Geolocation: Tanzania: 6° 22′ 9″ S, 34° 53′ 20″ E

ACHPR Decision

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219/98 Legal Defence Centre v Gambia (The)

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Type of Document

Decision

Keywords

Administration of Justice
Admissibility
Arbitrary Arrest and Detention
Citizenship/Nationality and Related Rights
Exhaustion of Local Remedies
Expulsion from a State
Freedom from Discrimination
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Opinion
Personal Liberty
Right to Dignity
Right to Fair Trial
Right to Information
Right to Property
Right to Work

Case Head Notes: The Legal Defence Centre alleges the illegal deportation of a Nigerian Nationa from The Gambia.

Country

Gambia

Rights Violated (ACHPR Provisions)

ACHPR 56.5: Exhaustion of local remedies
None Indicated

Country Geolocation: Gambia: 13° 26′ 35″ N, 15° 18′ 37″ W

ACHPR Decision

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

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Type of Document

Decision

Keywords

Administration of Justice
Admissibility
Arbitrary Arrest and Detention
Competence of the Court
Complicity in Crime
Damages and Compensation
Due Diligence
Fraud
Implementation of Decisions
Inadequate/Inappropriate Legal Provisions
Jurisdiction
Mismanagement of Public Resources
Personal Liberty
Personal security
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Information
Theft

Case Head Notes: The Complaint was submitted against the Republic of Cameroon(the Respondent State or Cameroon), a State Party to the African Charter.

Country

Cameroon

Rights Violated (ACHPR Provisions)

ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Country Geolocation: Cameroon: 7° 22′ 11″ N, 12° 21′ 17″ E

ACHPR Decision

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Communication 289/2004 - Mr Brahima Koné & Mr Tiéoulé Diarra v. Côte d'Ivoire

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Citizenship/Nationality and Related Rights
Civil and Political Rights
Cruel and Degrading Treatment
Due Diligence
Elections / Referendums
Equality Before the Law
Expulsion from a State
Extra-Judicial Killings
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Freedom of Assembly
Freedom of Movement
Freedom of Opinion
Murder/Assassination
Participation in Government
Peace and Security
Protection of Family and Vulnerable Groups
Right to Life
Right to Property
Right to Work
Rights of Non-Nationals
State Internal Security
Torture and Ill Treatment
Transitional Justice

Case Head Notes: The Complaint was filed at the African Commission on Human and Peoples' Rights on 12 May 2004 by Mr Brahima Koné and Mr Amadou Tiéoulé Diarra, on behalf of the High Council of Malian Foreigners in the Republic of Côte d'Ivoire and the African Solidarity Movement for Democracy and Independence (SADI)against Côte d'Ivoire, a State Party to the African Charter which it ratified on 6 January 1992.

Country

Côte d'Ivoire

Country Geolocation: Côte d'Ivoire: 7° 32′ 24″ N, 5° 32′ 49″ W

ACHPR Decision

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Communication 313/05 - Kenneth Good v. Botswana

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Type of Document

Decision

Keywords

Civil and Political Rights
Damages and Compensation
Domestic/National Laws
Economic, Social and Cultural Development
Equality Before the Law
Expulsion from a State
Freedom from Discrimination
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Opinion
Human Rights Violations
Inadequate/Inappropriate Legal Provisions
Peace and Security
Personal Liberty
Protection of Family and Vulnerable Groups
Refugees / Asylum Seekers
Regional Human Rights Laws
Regional Judicial Bodies
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Information
Rights of Non-Nationals

Case Head Notes: The complaint states that Mr Kenneth Good, an Australian national, teaching at the University of Botswana, had his employment terminated after his expulsion from Botswana on 31st May 2005.

Country

Botswana

Rights Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 12.4: Condition for Expulsion on Non-Nationals
ACHPR 18.1: Protection of the family
ACHPR 18.2: Assistance to family
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Country Geolocation: Botswana: 22° 19′ 43″ S, 24° 41′ 6″ E

ACHPR Decision

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230/99 Motale Zacharia Sakwe v Cameroon

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Type of Document

Decision

Keywords

Admissibility
Exhaustion of Local Remedies

Case Head Notes: The complaint presents diverse information on the general state of human rights in Lobe TownCommunity from 30th December 1996 to 7th September 1998. In the relevant part however, theComplainant alleges that on 15th December 1996, at 1.30 a.m. in the night, together with his mother, hewas abducted from his house by the Divisional Officer for Mbonge Sub-Division accompanied by wellarmed police and gendarmes officers.

Country

Cameroon

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Cameroon: 7° 22′ 11″ N, 12° 21′ 17″ E

ACHPR Decision

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Communication 261/02 - Interights et al v. Egypt

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Type of Document

Declaration

Keywords

Arbitrary Arrest and Detention
Competence of the Court
Cruel and Degrading Treatment
Equality
Equality Before the Law
Freedom from Discrimination
Freedom of Expression / Digital Rights
Freedom of Opinion
Functioning and Independence of the Judiciary
Participation in Government
Personal Liberty
Right to Health
Right to Life

Case Head Notes: The complaint is submitted by INTERIGHTS representing the Pan-African Movement (PAM), the Legal Resources Consortium (LRC), the Legal Defence and [Assistance] Project (LEDAP) and Recontre Africaine pour la Defense des Droits de l’Homme (RADDHO) wh[ich] filed the same on behalf of Professor Saadeddin Mohammed Ibrahim, head of the Ibn Khaldun Centre for Development Studies (IKC) and twenty-seven (27) other persons.

Country

Egypt

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Egypt: 26° 49′ 14″ N, 30° 48′ 9″ E

ACHPR Decision

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Communication 349/07 - Simon Weldehaimanot v. Eritrea

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Type of Document

Decision

Keywords

Citizenship/Nationality and Related Rights
Freedom from Discrimination
Freedom of Expression / Digital Rights
Freedom of Movement
Functioning and Independence of the Judiciary
Personal Liberty
Right to Fair Trial
Right to Information
Rights and Welfare of the Child
Women's Rights

Case Head Notes: The Complaint is submitted against the State of Eritrea (the Respondent State) by Simon Weldehaimanot (the Complainant)on his own behalf,and on behalf of Eritrean youths.

Country

Eritrea

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Eritrea: 15° 10′ 46″ N, 39° 46′ 56″ E

ACHPR Decision

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Communication 658/17 - Shareen Said Hamd Bakhet v. Egypt

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Best Interest of the Child
Cruel and Degrading Treatment
Equality Before the Law
Freedom from Discrimination
Personal Liberty
Provisional/interim measures
Right to Fair Trial
Right to Life
Women's Rights

Case Head Notes: The Complaint is submitted against the Arab Republic of Egypt (Respondent state), State party to the African Charter on Human and People’s Rights (The African charter). The complaints allege that police, dressed in civilian clothing, raided the victims house on October 19 2016. This raid resulted in an arrest of the victim. The victim was then taken to the state security investigations services to be interrogated without the presence of her lawyer. The complainants allege that during the interrogation, the victim was sexually harassed and threatened with rape. Whilst in the detention center, the victim was subjected to psychological and physical torture. On October 20th, 2016, the victim was brought before the court without legal representation and was denied to right to defend herself. The victim’s detention has been renewed on numerous occasions which prohibits her from caring for her children.

Country

Egypt

Country Geolocation: Egypt: 26° 49′ 14″ N, 30° 48′ 9″ E

ACHPR Decision

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71/92 : Rencontre Africaine pour la Défence des Droits de l'Homme (RADDHO) v Zambia

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Expulsion from a State
Freedom from Discrimination
Freedom of Movement
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Information
Right to Property
Rights of Non-Nationals
Transitional Justice

Case Head Notes: The Complaint is presented by a Senegalese NGO, Rencontre africaine pour la défense des droits de l’Homme, on behalf of 517 West Africans who were expelled from Zambia on 26thand 27thFebruary 1992, on grounds of being in Zambia illegally. Prior to their expulsion, most of the individuals had been subject to administrative detention for more than 2 months. The deportees lost all the material possessions they had in Zambia, and many were also separated from their Zambian families.

Country

Zambia

Rights Violated (ACHPR Provisions)

ACHPR 12.5: Prohibition of Mass Expulsion of Non-Nationals
ACHPR 2: Freedom from Discrimination
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Country Geolocation: Zambia: 13° 8′ 2″ S, 27° 50′ 58″ E

ACHPR Decision

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290/04 Open Society Justice Initiative (on behalf of Pius Njawè Noumeni) v Cameroon

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Type of Document

Decision

Keywords

Application Withdrawn
Civil and Political Rights
Freedom from Discrimination
Freedom of Expression / Digital Rights
Freedom of Opinion
Right to Information
Right to Property

Case Head Notes: The complaint is lodged by the NGO, Open Society Justice Initiative, on behalf of a Cameroonian citizen,Pius Njaw? Noumeni, against the Government of Cameroon, a state Party to the African Charter.

Country

Cameroon

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Cameroon: 7° 22′ 11″ N, 12° 21′ 17″ E

ACHPR Decision

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319/06 Interights & Ditshwanelo v Botswana

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Type of Document

Decision

Keywords

AfCHPR Procedure
Cruel and Degrading Treatment
Death Sentence
Exhaustion of Local Remedies
Procedures of Regional Judicial Mechanisms
Right to Dignity
Right to Life
Sexual and Gender Based Violence
Torture and Ill Treatment

Case Head Notes: The Complaint is filed by the International Centre for Human Rights (Interights)1 , and Ditshwanelo-theBotswana Human Rights Centre (the Complainants), on behalf of Mr. Oteng Modisane Ping (the Victim),against the Republic of Botswana, (Respondent State), State Party to the African Charter.

Country

Botswana

Rights Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 5: Cruel Inhuman and Degrading Treatment

Country Geolocation: Botswana: 22° 19′ 43″ S, 24° 41′ 6″ E

ACHPR Decision

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292/04 - IHRDA v. Angola

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Citizenship/Nationality and Related Rights
Corruption
Cruel and Degrading Treatment
Damages and Compensation
Detention Facilities/Conditions
Domestic/National Laws
Due Diligence
Equality
Equality Before the Law
Exhaustion of Local Remedies
Expulsion from a State
Fraud
Freedom from Discrimination
Freedom of Movement
Human Rights Violations
IHRDA
Militia operations / Armed conflicts
Personal Liberty
Protection of Family and Vulnerable Groups
Protection of Privacy
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
Right to Property
Right to Work
Rights of Non-Nationals
Torture and Ill Treatment
Workers' Rights

Case Head Notes: The complaint is filed by the Institute for Human Rights and Development in Africa (IHRDA) on behalf of Mr Esmaila Connateh and 13 other Gambians deported from Angola in March, April and May of 2004. The complaint alleges the capricious arrest and deportation, in violation of their human and peoples’ rights, of the said Gambians who were alleged to have been legally residing and working in Angola.

Country

Angola

Rights Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 12.4: Condition for Expulsion on Non-Nationals
ACHPR 12.5: Prohibition of Mass Expulsion of Non-Nationals
ACHPR 14: Right to Property
ACHPR 15: Right to Work
ACHPR 2: Freedom from Discrimination
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Country Geolocation: Angola: 11° 12′ 10″ S, 17° 52′ 26″ E

ACHPR Decision

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Communication 278/2003 - Promoting Justice for Women and Children (PROJUST NGO) v. Democratic Republic of Congo

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Competence of the Court
Cruel and Degrading Treatment
Economic, Social and Cultural Development
Equality
Equality Before the Law
False Imprisonment
Functioning and Independence of the Judiciary
Inadequate/Inappropriate Legal Provisions
Military Tribunals
Murder/Assassination
Personal Liberty
Pregnant women / mothers (with infant) in conflict with the law
Provisional/interim measures
Right to Dignity
Right to Fair Trial
Right to Life
Right to Property
Rights and Welfare of the Child
Torture and Ill Treatment
Women in prison
Women's Rights

Case Head Notes: The Complaint is brought against the Democratic Republic of Congo (herein after referred to as the DRC or the Respondent State),on behalf of Mrs.Masumbuko Mwali Anne Marie, Mrs. Chibalonza Balole Coco, Mrs. Kamwanya Beya Rose, Mrs. Fono Onokoko Péguy, Mrs. Nabintu Marcelline and Mrs. Atandjo Otshudi (the Victims), who are all Congolese citizens.

Country

Democratic Republic of Congo

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Democratic Republic of the Congo: 4° 2′ 18″ S, 21° 45′ 31″ E

ACHPR Decision

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252/02 Stephen O. Aigbe v Nigeria

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Type of Document

Decision

Keywords

Admissibility
Exhaustion of Local Remedies
Transitional Justice

Case Head Notes: The complaint details the mistreatment of the Complainant by the Nigerian Army. On 17th January 1996,the Complainant claims that he was removed from his office, arbitrarily detained, and accused of trying tooverthrow General Abacha. On 12th April 1996 and 12th September 1996, he was arraigned on 12 counts ofmutiny, a capital charge. He alleges that despite certain authorities' observations that the charges werefalse, he was not acquitted and the charges are still pending in a faulty trial process. The "rule of laws [sic]and court procedures' should have been "followed and exhausted" by officials before "a Judge takes farreaching decisions on any matter". According to the Complainant, the proceedings violated the rule of lawby not following armed forces regulations, which call for investigation and then court martial.

Country

Nigeria

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Nigeria: 9° 4′ 55″ N, 8° 40′ 31″ E

ACHPR Decision

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44/90 Peoples' Democratic Organisation for Independence and Socialism v The Gambia

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Type of Document

Decision

Keywords

Administration of Justice
Admissibility
Competence of the Court
Corruption
Domestic/National Laws
Elections / Referendums
Fraud
Participation in Government
Transitional Justice

Case Head Notes: The complaint alleges that voter registration in the constituencies of Serrekunda West, Serrekunda East and Bakau was defective because those registering were not required by the law to give an address or identification. It argues that there was no control over voter registration since no documents have to be shown to the registration officer.

Country

Gambia

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Gambia: 13° 26′ 35″ N, 15° 18′ 37″ W

ACHPR Decision

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

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Movement
Personal Liberty
Right to Dignity
Right to Fair Trial
Right to Health
Right to Information
Right to Work
Torture and Ill Treatment

Case Head Notes: The Complainants submit that they are prominent human rights defenders who have had a close working relationship with each other at the time of the incident. According to the Complainants, Mr. Osman Hummeida, a British national of Sudanese origin, was the Director of the Sudan Organization against Torture (SOAT) from 1996 to 2006. Since then, he worked as a human rights consultant and advocate. Monin Elgak has worked as a human rights researcher and advocate in the Middle East, Sudan and Uganda, while Mr. Amir Suliman worked for the Khartoum Centre for Human Rights and Environmental Development (KCHRED) until February 2009, when it was shut down by the Sudanese authorities.

Country

Sudan

Rights Violated (ACHPR Provisions)

ACHPR 9: Right to Receive Information and Free Expression
ACHPR 1: General Obligations
ACHPR 12: Right to Freedom of Movement
ACHPR 12:2: Right to leave any country including his own, and to return to his country
ACHPR 12.1: Right to freedom of movement and residence within borders of State of legal residence
ACHPR 15: Right to Work
ACHPR 16: Right to Health
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 6 : Right to Personal Liberty and Protection from Arbitrary Arrest
ACHPR 9.1: Right to Receive Information
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Country Geolocation: Sudan: 12° 51′ 46″ N, 30° 13′ 3″ E

ACHPR Decision

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Communication 375/09 - Priscilla Njeri Echaria (represented by Federation of Women Lawyers, Kenya & International Center for the Protection of Human Rights) v. Kenya

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Type of Document

Decision

Keywords

Administration of Justice
Best Interest of the Child
Equality
Equality Before the Law
Freedom from Discrimination
Inheritance/Succession
Protection of Family and Vulnerable Groups
Right of Women to Inheritance
Right to Property
Right to Work
Rights and Welfare of the Child
Women's Rights

Case Head Notes: The Complainants submit that the Victim was married in 1964 to Mr. Peter Echaria, a Kenyan diplomat who served in Moscow, Washington D C and Addis Ababa before returning to Kenya. They state that due to the diplomatic status of Mr. Peter Echaria, the Victim was not allowed to work.

Country

Kenya

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Kenya: 0° 1′ 25″ S, 37° 54′ 22″ E

ACHPR Decision

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323/06 Egyptian Initiative for Personal Rights & INTERIGHTS v. Egypt

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Type of Document

Decision

Keywords

Administration of Justice
Admissibility
Civil and Political Rights
Corruption
Damages and Compensation
Divorce
Equality
Equality Before the Law
Exhaustion of Local Remedies
Freedom from Discrimination
Freedom of Expression / Digital Rights
Freedom of Opinion
Functioning and Independence of the Judiciary
Police Brutality and Offences
Protection of Family and Vulnerable Groups
Right to Dignity
Right to Fair Trial
Right to Health
Right to Life
Right to Property
Right to Work
Sexual and Gender Based Violence
Sexual Offences
Torture and Ill Treatment
Transitional Justice
Women's Rights

Case Head Notes: The Complainants submit that on 25 May 2005, the Egyptian Movement for Change (Kefaya) organizeda demonstration in front of Saad Zaghloul Mausoleum with respect to the referendum aimed at amending Article 76 of the Egyptian Constitution, allowing multi-candidate presidential elections. They submit that Riot police surrounded the small number of protesters (around fifty) and several journalists reporting the events,and at about 12:00 noon, while public buses were transporting young supporters of President Mubarak and his party called the National Democratic Party (NDP), violence broke out as NDP supporters attacked the supporters of Kefaya. The Complainants allege that Riot police reportedly did not intervene.

Country

Egypt

Rights Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 16.1: Right to Enjoy the Best Attainable State of Physical and Mental Health
ACHPR 18.3: Protection of Rights of Women and Children
ACHPR 2: Freedom from Discrimination
ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 5: Cruel Inhuman and Degrading Treatment
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Country Geolocation: Egypt: 26° 49′ 14″ N, 30° 48′ 9″ E

ACHPR Decision

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524/15 Peter Odiwuor Ngoge & 3 Ors v. Kenya

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Type of Document

Decision

Keywords

Admissibility
Arbitrary Arrest and Detention
Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Economic, Social and Cultural Development
Equality Before the Law
Freedom from Discrimination
Freedom of Movement
Functioning and Independence of the Judiciary
Human Rights Violations
Procedures of Regional Judicial Mechanisms
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Life
Right to Property
Right to Work
Theft

Case Head Notes: The Complainants submit that on 08 June 2012 the victims filed a constitutional petition seeking the intervention of the High Court of Kenya for enforcement of their fundamental rights, which they claimed to have been violated by the Director of Public Prosecutions and four other Respondents.

Country

Kenya

Rights Violated (ACHPR Provisions)

ACHPR 56: Admissibility requirements for communications
ACHPR 56.3: Suitable language
ACHPR 56.5: Exhaustion of local remedies
ACHPR 56.6. Submission within reasonable period

Country Geolocation: Kenya: 0° 1′ 25″ S, 37° 54′ 22″ E

ACHPR Decision

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Communication 284/03 – Zimbabwe Lawyers for Human Rights & Associated Newspapers of Zimbabwe v. Zimbabwe

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Type of Document

Decision

Keywords

Administration of Justice
Civil and Political Rights
Competence of the Court
Damages and Compensation
Domestic/National Laws
Equality
Equality Before the Law
Freedom of Expression / Digital Rights
Freedom of Opinion
Protection of Privacy
Provisional/interim measures
Regional Human Rights Laws
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Information
Right to Privacy
Right to Property
Right to Work

Case Head Notes: The Complainants state that a new media law - the Access to Information and Protection of Privacy Act (AIPPA)was enacted in 2002 by the Respondent State. They claim that section 66 of AIPPA read together with section 72 purports to prohibit “mass media services” from operating until they have registered with the Media and Information Commission (MIC).

Country

Zimbabwe

Rights Violated (ACHPR Provisions)

ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 15: Right to Work
ACHPR 9.2: Right to Express and Disseminate Opinions Within the law

Country Geolocation: Zimbabwe: 19° 0′ 56″ S, 29° 9′ 17″ E

ACHPR Decision

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