Library • African Human Rights CLA 2.0

Communication 603/16 - Mrs. Ayatulla Alaa Hosny (represented by Dalia Lotfy) v. Egypt

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Personal Liberty
Right to Dignity
Right to Fair Trial
Torture and Ill Treatment

Case Head Notes: The Complainant (the wife of the Victim) asserts that the Victim, an Egyptian freelance journalist, born on 27 June 1983 was arrested on 22 January 2015 by State Security Police from his house in 6th October City. 72 hours after the victims arrest, he was held in the city state seurity department where he was maltreated which resulted in him fainting due to severe torture; his detention has been renewed every 45 days.

Country

Egypt

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

ACHPR Decision

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294/04 Zimbabwe Lawyers for Human Rights and Institute for Human Rights and Development in Africa (on behalf of Andrew Barclay Meldrum) v Zimbabwe

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Type of Document

Decision

Keywords

Domestic/National Laws
Equality Before the Law
Exhaustion of Local Remedies
Expulsion from a State
Freedom from Discrimination
Freedom of Expression / Digital Rights
Freedom of Movement
Freedom of Opinion
Functioning and Independence of the Judiciary
Protection of Privacy
Regional Human Rights Laws
Right to Fair Trial
Right to Information
Right to Work
Rights of Non-Nationals
Workers' Rights

Case Head Notes: The communication is submitted by the Zimbabwe Lawyers for Human Rights and the Institute for Human Rights and Development in Africa (the Complainants) on behalf of Mr Andrew Barclay Meldrum (the victim). It alleges that Mr Meldrum’s rights of freedom of expression and freedom to disseminate information were violated by the Republic of Zimbabwe (the Respondent).

Country

Zimbabwe

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 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 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 9.1: Right to Receive Information
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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Communication 427/12 - SERAP (on behalf of Daniel Nsofor & Osayinwinde Agbomien) v. Nigeria

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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

Rights Violated (ACHPR Provisions)

None Indicated

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

ACHPR Decision

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Communication 306/05 – Samuel T. Muzerengwa & 110 Ors (represented by Zimbabwe Lawyers for Human Rights) v. Zimbabwe

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Type of Document

Decision

Keywords

Admissibility
Amicus curiae
Cruel and Degrading Treatment
Damages and Compensation
Domestic/National Laws
Economic, Social and Cultural Development
Equality
Equality Before the Law
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Freedom of Association
Human Rights Violations
Participation in Government
Protection of Family and Vulnerable Groups
Regional Human Rights Laws
Right to Education
Right to Health
Right to Property
Rights and Welfare of the Child
Women's Rights

Case Head Notes: The Complainant alleges that on 16 December 1998, the Buhera Rural District Council at a Council meeting decided that Samuel T Muzerengwa’s village (hereinafter the “Wakarambwa Village”) was situated in the lands of another village called Nyararai Village headed by Mungofa Gotora. In its decision the Council resolved that the Wakarambwa’s village should immediately move out of the land it occupied. No alternative land was provided even though the decision to evict was reached in terms of the Rural District Act (29:13) which allows the District Councils of each district to allocate land to individuals who are resident or originate from that district, if there is an unoccupied land.

Country

Zimbabwe

Rights Violated (ACHPR Provisions)

None Indicated

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

ACHPR Decision

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288/04 Gabriel Shumba v Zimbabwe

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Civil and Political Rights
Cruel and Degrading Treatment
Damages and Compensation
Detention Facilities/Conditions
Enforced disappearance
Equality Before the Law
False Imprisonment
Freedom from Discrimination
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Opinion
Personal Liberty
Personal security
Protection of Privacy
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Health
Right to Information
Right to Life
Right to Privacy
Right to Property
Right to Self-Determination
Sexual Offences
Torture and Ill Treatment

Case Head Notes: The Complainant and his Counsel present the facts of the case as follows: On 14th January 2003, theComplainant in the presence of 3 others, namely Bishop Shumba, TauraiMagayi and Charles Mutama wastaking instructions from one of his clients a Mr. John Sikhala in a matter involving alleged politicalharassment by members of the Zimbabwe Republic Police (ZRP). Mr. John Sikhala is a Member ofParliament for the Movement for Democratic Change (MDC), which is the opposition party in Zimbabwe.

Country

Zimbabwe

Rights Violated (ACHPR Provisions)

ACHPR 5: Cruel Inhuman and Degrading Treatment

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

ACHPR Decision

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221/98 Alfred B. Cudjoe v Ghana

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Type of Document

Decision

Keywords

Right to Fair Trial
Right to Life
Right to Work

Case Head Notes: The Complainant is a Ghanaian citizen, formerly employed at the Embassy of Ghana in Conakry, Guinea and alleges that his contract as translator/bilingual secretary at the said Embassy was wrongly terminated, by letter dated 24th June 1994.

Country

Ghana

Rights Violated (ACHPR Provisions)

None Indicated

Country Geolocation: Ghana: 7° 56′ 47″ N, 1° 1′ 23″ W

ACHPR Decision

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260/02 Bakweri Land Claims Committee v Cameroon

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Type of Document

Decision

Keywords

Admissibility
Civil and Political Rights
Damages and Compensation
Economic, Social and Cultural Development
Exhaustion of Local Remedies
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Functioning and Independence of the Judiciary
Internal Displacement
Land Expropriation
Land Rights
Provisional/interim measures
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property
Rights of Minority Communities

Case Head Notes: The complaint follows the Presidential Decree No. 94/125 of 14th July 1994 where the Government ofCameroon listed the Cameroon Development Corporation (CDC), which will allegedly result in thealienation, to private purchasers, of approximately 400 square miles (104,000 hectares) of lands in theFako division traditionally owned, occupied or used by the Bakweri. The Complainant alleges that thetransfer would extinguish the Bakweri title rights and interests in two-thirds of the minority group's total land area.

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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372GTK/2009 - Interights (on behalf of Gizaw Kebede and Kebede Tadesse) v Ethiopia

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Type of Document

Declaration

Keywords

Competence of the Court
Exhaustion of Local Remedies
Functioning and Independence of the Judiciary
Revision of Judgment
Right to Fair Trial
Right to Information
Right to Property
Right to Work

Case Head Notes: The Complaint is brought by International Centre for the Legal Protection of Human Rights (INTERIGHTS) on behalfof Gizaw Kebede (1st Applicant) and Tadesse Kebede (2ndApplicant) against the Federal Democratic Republic of Ethiopia.

Country

Ethiopia

Rights Violated (ACHPR Provisions)

ACHPR 56.5: Exhaustion of local remedies
None Indicated

Country Geolocation: Ethiopia: 9° 8′ 42″ N, 40° 29′ 23″ E

ACHPR Decision

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Communication 263/02 - Kenyan Section of the International Commission of Jurists, Law Society or Kenya and Kituo Cha Sheria v. Kenya

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Type of Document

Decision

Keywords

Administration of Justice
Competence of the Court
Domestic/National Laws
Freedom of Expression / Digital Rights
Freedom of Opinion
Functioning and Independence of the Judiciary
Human Rights Violations
Regional Human Rights Laws
Right to Fair Trial
Right to Information

Case Head Notes: According to the Complainants, theConstitution of Kenya Review ActChapter 3 A of the Laws of Kenya (the Review Act) sets up the Constitution [of Kenya] Review Commission (CKRC) to facilitate the comprehensive review of the Constitution by the people of Kenya and for connected purposes.

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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201/97 Egyptian Organisation for Human Rights v Egypt

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Type of Document

Decision

Keywords

Admissibility
Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Exhaustion of Local Remedies
Freedom of Assembly
Freedom of Association
Freedom of Expression / Digital Rights
Freedom of Opinion
Offences by State agents in private capacity
Protection of Privacy
Right to a General Satisfactory Environment
Right to Dignity
Right to Health
Right to Privacy
Right to Property
Torture and Ill Treatment

Case Head Notes: African Charter on Human and People’s Rights (ACHPR) – State Security Investigation force’s arrest of eight people for peacefully opposing the implementation of Law 96 of 1992, which regulates the relation between landowners and tenants of agricultural land. Whether the respondent state is in violation of the following guaranteed rights under ACHPR: Right to Freedom from Discrimination; Right to Equality before the Law and Equal Protection of the Law; Right to Life; Prohibition of Torture and Cruel, Inhuman and Degrading Treatment; Right to Personal Liberty and Protection from Arbitrary Arrest; Right to Fair Trial; Right to Receive Information and Free Expression; Right to Freedom of Assembly. Communication inadmissible: non-exhaustion of local remedies.

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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01 2012 Frank David Omary and others v. Tanzania Order

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Type of Document

Advisory Opinion
Decision

Keywords

Application Withdrawn

Case Head Notes: An application filed with the registry of the court was filed on the 27th of January 2-12 which was under the title ‘Karata Ernest and Others v. The United Republic of Tanzania. Mr. Ernest and 6 other former employees stated that they had never filed any application with the court nor had they authorized anyone to use their names for that purpose. The respondents response expressed surprise to the statements made by Mr. Ernest and the other employees, and argued that they had simply withdrawn from the application without giving genuine reasons. The court later filed that the application would henceforth be titled ‘Frank David Omary and others v. The United Republic of Tanzania.

Country

Tanzania

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

ACHPR Decision

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Communication 153/96 - Constitutional Rights Project v. Nigeria

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Type of Document

Decision

Keywords

Admissibility
Arbitrary Arrest and Detention
Armed Robbery Allegations
Best Interest of the Child
Child Abuse/Exploitation
Equality Before the Law
Exhaustion of Local Remedies
Freedom of Movement
Kidnapping/Sequestration
Personal Liberty
Police Brutality and Offences
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Life
Rights and Welfare of the Child

Case Head Notes: Between May and June 1995 the Nigerian police in the city of Owerri arrested Vincent Obidiozor Duru, Nnemeka Sydney Onyecheaghe, Patrick Okoroafor, Collins Ndulaka and Amanze Onuoha. They were accused of serious offences ranging from armed robbery to kidnapping.

Country

Nigeria

Rights Violated (ACHPR Provisions)

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.d: Right to be tried within a reasonable time by an impartial Court

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

ACHPR Decision

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60/91 Constitutional Rights Project (in respect of Wahab Akamu, G. Adega and others) v Nigeria

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Type of Document

Decision

Keywords

Administration of Justice
Arbitrary Arrest and Detention
Death Sentence
Detention Facilities/Conditions
Military Tribunals
Right to Fair Trial
Right to Life
Torture and Ill Treatment
Use of force

Case Head Notes: Communication 60/91 was brought by the Constitutional Rights Project, a Nigerian NGO, on behalf ofWahab Akamu, Gbolahan Adega and others sentenced to death under the Robbery and Firearms (Specialprovision) Decree No. 5 of 1984. This decree creates special tribunals, composed of one serving or retiredjudge, one member of the armed forces and one member of the police force. The decree does not providefor any judicial appeal of sentences. Sentences are subject to confirmation or disallowance by the Governorof a state.

Country

Nigeria

Rights Violated (ACHPR Provisions)

ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
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: Nigeria: 9° 4′ 55″ N, 8° 40′ 31″ E

ACHPR Decision

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143/95-150/96 Constitutional Rights Project and Civil Liberties Organisation v Nigeria

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Type of Document

Decision

Keywords

Administration of Justice
Civil and Political Rights
Cruel and Degrading Treatment
Democracy
Detention Facilities/Conditions
Elections / Referendums
Freedom of Expression / Digital Rights
Freedom of Opinion
Functioning and Independence of the Judiciary
Military Dictatorship
Peace and Security
Protection of Family and Vulnerable Groups
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Health
Right to Life
State Internal Security
Torture and Ill Treatment

Case Head Notes: Communication 143/95 alleges that the Government of Nigeria, through the State Security (Detention ofPersons) Amended Decree No. 14 (1994), has prohibited any court in Nigeria from issuing a writ of habeascorpus, or any prerogative order for the production of any person detained under Decree No. 2 (1984).Complainant argues that this law violates the African Charter on Human and Peoples' Rights. The decreeswere applied to detain without trial several human rights and pro-democracy activists and opposition politicians in Nigeria

Country

Nigeria

Rights Violated (ACHPR Provisions)

ACHPR 18: Protection of the Family and Vulnerable Groups
ACHPR 26 : Duty to Guarantee Independence of Courts
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.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

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

ACHPR Decision

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72/92 - Aturu v Nigeria

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Type of Document

Ruling

Keywords

Admissibility
Education
Right to Education

Case Head Notes: Communication about denial of right to education.

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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131/94 Ousman Manjang v Gambia (The)

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Type of Document

Decision

Keywords

Admissibility
Arbitrary Arrest and Detention
Right to Property

Case Head Notes: Communication on wrongful detention and confiscation of papers

Country

Gambia

Rights Violated (ACHPR Provisions)

ACHPR 3.1: Equality before the law
None Indicated

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

ACHPR Decision

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199/97 Odjouoriby Cossi Paul v. Benin

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Type of Document

Decision

Keywords

Administration of Justice
Complicity in Crime
Damages and Compensation
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Property

Case Head Notes: Complainant is a national of Benin who alleges violation of his rights by the judiciary of his country. It is alleged that the Appeal Court of Cotonou refused to restore his rights in a case pending before the said court since 1995 which sets him up against Mr Akitobi Honoré whom he accuses of having despoiled him of his real estate property with the complicity of some judges.

Country

Benin

Rights Violated (ACHPR Provisions)

ACHPR 7.1: Right to be Heard
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Country Geolocation: Benin: 9° 18′ 28″ N, 2° 18′ 57″ E

ACHPR Decision

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Communication 341/2007 - Equality Now & Ethiopian Women Lawyers Association v. Ethiopia

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Type of Document

Decision

Keywords

Child Marriage
Cruel and Degrading Treatment
Equality
Equality Before the Law
Freedom from Discrimination
Kidnapping/Sequestration
Personal Liberty
Rape
Right to Fair Trial
Right to Life
Rights and Welfare of the Child
Women's Rights

Case Head Notes: Equality Now and Ethiopian Women Lawyers Association filed a complaint on behalf of Woineshet Zebene Negash, alleging a violation of Articles 3, 4, 5, 6, and 18 (3) of the African Charter, and Article 24 (3) of the Convention of the Rights of a Child. The Commission decided on the merits that Articles 3, 4, 5, 6 and 7 (1) (a) were violated by the Ethiopian Government and consequently, requested the Respondent State to pay the victim a monetary compensation and implement escalated measures to specifically deal with marriage by abduction and rape; monitor instances of marriage by abduction and rape; and diligently prosecute and sanction offenders.

Country

Ethiopia

Rights Violated (ACHPR Provisions)

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
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal

Country Geolocation: Ethiopia: 9° 8′ 42″ N, 40° 29′ 23″ E

ACHPR Decision

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Communication 64/92 - Krishna Achuthan & Another (on behalf of Banda & Ors) v. Malawi

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Detention Facilities/Conditions
Personal Liberty
Right to Fair Trial
Right to Life
Torture and Ill Treatment

Case Head Notes: In communication no. 64/92 Krishna Achuthan appealed tothe Commission on behalf of his father-in-law, Aleke Banda, a prominent political figure who at the time of the communication had been imprisoned for over 12 years without legal charge or trial. Mr Achuthan had met with two successive heads of intelligence of Malawi who said there was no case pending against Mr Banda, but that he was being held“at the pleasure of the head of state”

Country

Malawi

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
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.c: Right to Defence
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Country Geolocation: Malawi: 13° 15′ 16″ S, 34° 18′ 5″ E

ACHPR Decision

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Communication 197/97 - Bah Ould Rabah v. Mauritania

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Cruel and Degrading Treatment
Damages and Compensation
Equality
Equality Before the Law
Forced Eviction
Free Disposal of Wealth and Natural Resources
Freedom from Discrimination
Freedom of Assembly
Freedom of Expression / Digital Rights
Freedom of Opinion
Land Rights
Personal Liberty
Personal security
Right to Dignity
Right to Fair Trial
Right to Information
Right to Life
Right to Property
Slavery and Human Trafficking

Case Head Notes: In November 1975, four years after the death of his mother, Mr Bah Ould Rabah, a Mauritanian national, [the Complainant], and his family were forcefully expelled from their ancestral domicile by the man named Mohamed O. Bah on the grounds that the mother of the Complainant, the late Aichetou Valle, was his slave and that subsequently, the house bequeathed to her descendants and the whole estate around it became legally the property of Mohamed O. Bah, the alleged ‘owner’ of the deceased.

Country

Mauritania

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property

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

ACHPR Decision

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90/93 Paul S. Haye v Gambia (The)

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Type of Document

Decision

Keywords

Admissibility
Right to Fair Trial

Case Head Notes: In November 1987, the Complainant hired Edward Gomez, an attorney, to register a company for him.Complainant paid to Mr Gomez a sum of D7,150 in fees, but the company was never registered. In March1990, Complainant sued Mr Gomez for the return of the money. Mr Gomez filed a counterclaim, but beforethe suit could be heard the judge who had been scheduled to hear the case resigned. After inquiries todiscover when the suit would be heard, Complainant was told to await notice by the court.

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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Communication 272/03 - Association of Victims of Post Electoral Violence & INTERIGHTS v. Cameroon

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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
Due Diligence
Elections / Referendums
Equality Before the Law
Exhaustion of Local Remedies
Freedom from Discrimination
Freedom of Opinion
Human Rights Violations
Regional Human Rights Laws
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 Self-Determination
Torture and Ill Treatment
Transitional Justice

Case Head Notes: In the communication, the complainants contend that on the 23rd October 1992, in reaction to the confirmation by the Supreme Court of Cameroon of the victory of the candidate Paul Biya of the Cameroon Peoples’ Democratic Party (RDPC) in the presidential elections of the 11th October 1992, the members of the Social Democratic Front (SDF), the Principal Opposition Party, attacked the symbols of the State and the militants of the Party which won the elections, in the city of Bamenda, their Party stronghold.

Country

Cameroon

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 14: Right to Property
ACHPR 2: Freedom from Discrimination
ACHPR 4: Right to Life and Integrity

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

ACHPR Decision

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Communication 248/02 - Interights & World Organisation against Torture v. Nigeria

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Type of Document

Decision

Keywords

Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Equality
Equality Before the Law
Exhaustion of Local Remedies
Extra-Judicial Killings
Forced Eviction
Freedom from Discrimination
Freedom of Movement
Functioning and Independence of the Judiciary
Impunity
Massive Human Rights Violations
Militia operations / Armed conflicts
Murder/Assassination
Participation in Government
Personal Liberty
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Education
Right to Health
Right to Life
Right to Property
Right to Work
Torture and Ill Treatment
Women's Rights

Case Head Notes: In their complaint, the Complainants allege that between May 1999 and March 2002, the Federal Republic of Nigeria has engaged in extra-judicial executions, state-sponsored violence and impunity

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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Communication 233/99-234/99 : Interights (on behalf of Pan African Movement, Citizens for Peace in Eritrea & Inter African Group) v. Ethiopia & Eritrea

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Best Interest of the Child
Cruel and Degrading Treatment
Damages and Compensation
Detention Facilities/Conditions
Equality Before the Law
Exhaustion of Local Remedies
Expulsion from a State
Forced Eviction
Freedom from Discrimination
Freedom of Association
Freedom of Movement
Land Expropriation
Military Offences
Militia operations / Armed conflicts
Personal Liberty
Personal security
Protection of Family and Vulnerable Groups
Rape
Regional Human Rights Laws
Right of Women to Inheritance
Right to Dignity
Right to Fair Trial
Right to Health
Right to Life
Right to Property
Right to Work
Rights and Welfare of the Child
Rights of Non-Nationals
Sexual and Gender Based Violence
Sexual Offences
Slavery and Human Trafficking
Torture and Ill Treatment
Use of force
Women's Rights

Case Head Notes: it is alleged by the Complainant that thousands of persons of Ethiopian nationality were expelled from Eritrea, either directly or constructively by the creation of conditions in which they had no choice other than to leave Eritrea. In particular, over 2,500 were forcibly expelled and dumped at the border where there was ferocious fighting and heavily infested with anti-personnel land mines.

Country

Eritrea
Ethiopia

Rights Violated (ACHPR Provisions)

None Indicated

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

ACHPR Decision

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431/12 Thomas Kwoyelo v. Uganda

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Type of Document

Decision

Keywords

Arbitrary Arrest and Detention
Child Abuse/Exploitation
Competence of the Court
Cruel and Degrading Treatment
Damages and Compensation
Enforced disappearance
Equality Before the Law
Freedom from Discrimination
Functioning and Independence of the Judiciary
Personal Liberty
Personal security
Reparations / Remedies
Right to be Heard before a Competent Court
Right to Dignity
Right to Fair Trial
Right to Health
Torture and Ill Treatment
Transitional Justice
Violations Resulting from Warfare and Military Operations

Case Head Notes: It is alleged that the Victim was a child soldier, abducted by the Lord’s Resistance Army(LRA)in 1987 in Northern Uganda. In March 2009, following the collapse of the Juba Peace Talks,it is claimed that the Victim was shot and severely wounded on the battlefield in the Democratic Republic of Congo.

Country

Uganda

Rights Violated (ACHPR Provisions)

ACHPR 3: Right to Equality before the Law and Equal Protection of the Law
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

Country Geolocation: Uganda: 1° 22′ 24″ N, 32° 17′ 25″ E

ACHPR Decision

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Communication 231/99 - Avocats Sans Frontières (on behalf of Gaëtan Bwampamye) v. Burundi

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Type of Document

Decision

Keywords

Administration of Justice
Arbitrary Arrest and Detention
Death Sentence
Equality Before the Law
Exhaustion of Local Remedies
Freedom of Expression / Digital Rights
Freedom of Opinion
Inadequate/Inappropriate Legal Provisions
Jurisdiction
Provisional/interim measures
Right to be Heard before a Competent Court
Right to Fair Trial
Right to Information

Case Head Notes: Lawyers Fabien Segatwa, Moussa Coulibaly and Cédric Vergauwen, respectively called to the bars of Burundi, Niger and Brussels and members of ‘‘Avocats Sans Frontières’’ in Burundi, and acting on behalf of Mr Gaetan Bwampamye, currently detained at the Mpimba Prison (Bujumbura) .

Country

Burundi

Rights Violated (ACHPR Provisions)

ACHPR 7.1.c: Right to Defence

Country Geolocation: Burundi: 3° 22′ 23″ S, 29° 55′ 8″ E

ACHPR Decision

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246/02 Mouvement Ivoirien des Droits Humains (MIDH) v Cote d'Ivoire

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Type of Document

Decision

Keywords

Citizenship/Nationality and Related Rights
Civil and Political Rights
Damages and Compensation
Domestic/National Laws
Elections / Referendums
Equality
Equality Before the Law
Exhaustion of Local Remedies
Freedom from Discrimination
Freedom of Opinion
Inadequate/Inappropriate Legal Provisions
Participation in Government
Provisional/interim measures
Right to an Identity
Right to Fair Trial

Case Head Notes: On 8th February 2002, the Secretariat of the African Commission on Human and Peoples’ Rights (the African Commission) received from Mr Ibrahim Doumbia, First Vice-President of the Movement Ivoirien des Droits Humains (MIDH)1, a communication submitted pursuant to Article 55 of the African Charter on Human and Peoples’ [Rights] (the African Charter)

Country

Côte d'Ivoire

Rights Violated (ACHPR Provisions)

ACHPR 7: Right to Fair Trial
ACHPR 1: General Obligations
ACHPR 13: Right to Participate in Government
ACHPR 2: Freedom from Discrimination
ACHPR 3.2: Equal protection of the law

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

ACHPR Decision

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281/03 Marcel Wetsh’okonda Koso and others v Democratic Republic of Congo

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Type of Document

Decision

Keywords

Administration of Justice
Arbitrary Arrest and Detention
Functioning and Independence of the Judiciary
Military Tribunals
Right to Fair Trial

Case Head Notes: On 23rd September 2003, the Secretariat of the African Commission on Human and Peoples’ Rights received from Barrister Marcel Wetsh’ Okonda Koso, solicitor of the Kinshasa-Gombe Bench and of the NGOCampagne pour les Droits de l’Homme au Congo1, from Barrister Izua Kembo, solicitor of the Kinshasa-Gombe Bench and member of the NGOComité des Observateurs des Droits de l’Homme.2, and from Barrister Odette Disu, solicitor and member of the Kinshasa-Gombe Bench, and of the NGO “ASMEBOKEN”3 a communication, introduced on behalf of 5 persons

Country

Democratic Republic of Congo

Rights Violated (ACHPR Provisions)

ACHPR 26 : Duty to Guarantee Independence of Courts
ACHPR 7.1.a: Right to Sue for Remedy before a Competent Tribunal
ACHPR 7.1.b : Innocent Until Proven Guilty
ACHPR 7.1.d: Right to be tried within a reasonable time by an impartial Court

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

ACHPR Decision

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262/02 Mouvement Ivoirien des Droits Humains (MIDH) v Cote d'Ivoire

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Type of Document

Decision

Keywords

Admissibility
Citizenship/Nationality and Related Rights
Civil and Political Rights
Constitutional Amendment
Domestic/National Laws
Equality Before the Law
Exhaustion of Local Remedies
Freedom from Discrimination
Immunity / Privileges (Diplomatic, Presidential, Parliamentary, etc)
Inadequate/Inappropriate Legal Provisions
Land Expropriation
Land Rights
Murder/Assassination
Participation in Government
Protection of Family and Vulnerable Groups
Right to an Identity
Right to Property
Right to Work

Case Head Notes: On the 24th October 2002, the Secretariat of the African Commission on Human and Peoples’ Rights received from Mr Zoro Bi Ballo Epiphane, President of the Ivorian Human Rights Movement (MIDH)1, a communication presented on behalf of this NGO, in application of Article 55 of the African Charter on Human and Peoples’ Rights (the African Charter). The MIDH contends that the Law No. 98-750 of the 23rd December 1998 establishing the regulation of rural land ownership, in its Article 26, paragraphs 1 and 2 is in contradiction with Articles 14 and 2 of the African Charter on Human and Peoples’ Rights

Country

Côte d'Ivoire

Rights Violated (ACHPR Provisions)

ACHPR 14: Right to Property
ACHPR 2: Freedom from Discrimination

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

ACHPR Decision

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198/97 S.O.S. Esclaves v Mauritania

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Type of Document

Decision

Keywords

Admissibility
Best Interest of the Child
Child Abuse/Exploitation
Exhaustion of Local Remedies
Freedom from Discrimination
Protection of Family and Vulnerable Groups
Right to Dignity
Right to Property
Right to Work
Sexual and Gender Based Violence
Slavery and Human Trafficking
Use of force
Women's Rights
Workers' Rights

Case Head Notes: SOS-Esclaves alleges that slavery remains a common practice in Mauritania, regardless of its prohibitionunder the law. According to this NGO, in a considerable number of cases, the Mauritanian government isinformed about these practices, and in some of those cases, it occasionally supports the authors of thosepractices. SOS-Esclaves cites some concrete examples in support of its allegations.

Country

Mauritania

Rights Violated (ACHPR Provisions)

None Indicated

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

ACHPR Decision

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