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409/12 Luke Munyandu Tembani & Benjamin John Freeth (represented by Norman Tjombe) v Angola & 13 Others

Décision de la CADHP

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Table des matières

Summary of the Complaint1
Articles Alleged to Have Been Violated2
Prayers2
Procedure2
The Law on Admissibility4
Complainant's Submission on Admissibility4
Respondent States' Submissions on Admissibility5
Seychelles' Submissions on Admissibility5
Tanzania's Submissions on Admissibility5
Submissions Under Article 565
Complainant's Supplementary Submissions on Admissibility7
Decision of the Commission on the Preliminary Issue of its Jurisdiction Ratione Personae and Ratione Materiae8
Analysis of the Commission on Admissibility9
Consideration of the Merits13
Summary of the Complainant's Submission13
Summary of Respondent State's Submission15
Mauritius' Submission on the Merit15
Complainant's Supplementary Submission15
The African Commission's Analysis on the Merits16
Alleged Violation of Articles 7 and 26 of the African Charter17
Decision of the African Commission18

409/12 Luke Munyandu Tembani & Benjamin John Freeth (represented by Norman Tjombe) v Angola & 13 Others

Décision de la CADHP

Aperçu

Type de Document

Décision

Mots clés

Compétence de la Cour
Droit à un procès équitable
Droit d'être entendu par un tribunal compétent
Égalité devant la loi
Fonctionnement et indépendance du pouvoir judiciaire
Réparations / Recours

Case Head Notes: The Complainant submits that the judgement of the Tribunal has not been complied with by Zimbabwe,and that this has been the case with other judgements handed down by the Tribunal against Zimbabwe,including the award in favour of what has now been termed the Campbell applicants, which was issued by the Tribunal in the case of Mike Campbell (PVT) Limited and Others v. The Republic of Zimbabwe (the Campbell Case). The Second Victim was one of the Campbell Applicants, who now acts on behalf of the Campbell applicants in the present Communication.

Pays

Afrique du Sud
Angola
Botswana
Ile Maurice
Lesotho
Malawi
Mozambique
Namibie
République Démocratique du Congo
Seychelles
Swaziland
Tanzanie
Zambie
Zimbabwe

Résultats: Décidé sur le fond

Année de la Décision: 5 nov. 2013

Violations alléguées (dispositions de la CADHP)

CADHP 26 : Devoir de garantir l'indépendance des tribunaux
CADHP 7 : Droit à un procès équitable

Droits non violés (dispositions de la CADHP)

CADHP 26 : Devoir de garantir l'indépendance des tribunaux
CADHP 7 : Droit à un procès équitable

Durée de la procédure

17 août 2010 ~ 5 nov. 2013

Géolocalisation du Pays

Latitude: -4.679574

Longitude: 55.491977

Géolocalisation du Pays (Lié Décision de la CADHP): Seychelles

Documents principaux

409_12 Luke Munyandu Tembani and Benjamin John Freeth (represented by Norman Tjombe) v Angola & 13 Others.pdf
English
Télécharger Vue

African Charter on Human and Peoples' Rights

Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender

Treaty

African Charter on Human and Peoples' Rights

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter

Treaty

African Charter on Human and Peoples' Rights

Treaty

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

Droit mou de la CADHP

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

Droit mou de la CADHP

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

Droit mou de la CADHP

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

ule 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.

Droit mou de la CADHP

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

Droit mou de la CADHP

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

Rule 108 ProceedingsOnce a Communication has been 1. declared admissible, the Commission shall set a period of sixty (60) days for the Complainant to submit observations on the merits. These observations shall be transmitted to the State Party concerned for the submission of its observations within sixty (60) days;Any written statements submitted 2. by the State Party concerned shall be communicated, through the Secretary, to the Complainant, who may submit any additional written information or observations within thirty (30) days. This time limit cannot be extende

Droit mou de la CADHP

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

Droit mou de la CADHP

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

Droit mou de la CADHP

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

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

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

Décision de la CADHP

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

ticle 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,

Treaty

65/92 Ligue Camerounaise des Droits de l'Homme v Cameroon

Décision de la CADHP

322/06 Tsatsu Tsikata v Ghana

Décision de la CADHP

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

275/03 Article 19 v Eritrea

Décision de la CADHP

African Charter on Human and Peoples' Rights

15Article 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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

001/11 Femi Falana v. The African Union - Judgement

Décision de la Cour africaine

010/11 Efoua Mbozo’o Samuel v. The Pan African Parliament

Décision de la Cour africaine

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

322/06 Tsatsu Tsikata v Ghana

Décision de la CADHP

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

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 57Prior to any substantive consideration, all communications shall be brought to the knowledge of the State concerned by the Chairman of the Commission

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

African Charter on Human and Peoples' Rights

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

65/92 Ligue Camerounaise des Droits de l'Homme v Cameroon

Décision de la CADHP

African Charter on Human and Peoples' Rights

Treaty

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

Décision de la CADHP

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

15Article

Treaty

African Charter on Human and Peoples' Rights

15Article

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

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

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

Treaty

African Charter on Human and Peoples' Rights

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

Treaty

African Charter on Human and Peoples' Rights

Treaty

245/02 Zimbabwe Human Rights NGO Forum v Zimbabwe

Décision de la CADHP

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. 15Article 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 o

Treaty

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

Rule103 Preliminary objectionA party who intends to raise a 1. preliminary objection at the stage of admissibility or before the Commission takes a decision on the merits of the Communication, shall do so not latter than thirty (30) days after receiving notification to submit on admissibility or on the merits. The Commission shall communicate the objection to the other party within fifteen (15) days.A party who intends to respond to a 2. preliminary objection raised by the other party shall submit a written response not later than thirty (30) days after the Secretary to the Commission has transmitted the objection to that party.If no response to a preliminary 3. objection is received within the stipulated period, the Commission shall proceed with the consideration of the preliminary objection on the basis of the available information.When the Commission receives a 4. preliminary objection, it shall first of all determine this objection before any other question relating to the Communication.

Droit mou de la CADHP

001/11 Femi Falana v African Union

Affaire de la Cour africaine

African Charter on Human and Peoples' Rights

Article 45The functions of the Commission shall be: 1.To promote Human and Peoples' Rights and in particular: (a)To collect documents, undertake studies and researches on African problems in the field of human and peoples' rights, organize seminars, symposia and conferences, disseminate information, encourage national and local institutions concerned with human and peoples' rights, and should the case arise, give its views or make recommendations to Governments. (b)To formulate and lay down, principles and rules aimed at solving legal problems relating to human and peoples' rights and fundamental freedoms upon which African Governments may base their legislations. (c)Co-operate with other African and international institutions concerned with the promotion and protection of human and peoples' rights. 2. Ensure the protection of human and peoples' rights under conditions laid down by the present Charter. 3. Interpret all the provisions of the present Charter at the request of a State party, an institution of the OAU or an African Organization recognized by the OAU. 4. Perform any other tasks which may be entrusted to it by the Assembly of Heads of State and Government.

Treaty

African Charter on Human and Peoples' Rights

Article 60The Commission shall draw inspiration from international law on human and peoples' rights, particularly from the provisions of various African instruments on human and peoples' rights, the Charter of the United Nations, the Charter of the Organization of African Unity, the Universal Declaration of Human Rights, other instruments adopted by the United Nations and by African countries in the field of human and peoples' rights as well as from the provisions of various instruments adopted within the Specialized Agencies of the United Nations of which the parties to the present Charter are members. Article 61The Commission shall also take into consideration, as subsidiary measures to determine the principles of law, other general or special international conventions, laying down rules expressly recognized by member states of the Organization of African Unity, African practices consistent with international norms on human and people's rights, customs generally accepted as law, general principles of law recognized by African states as well as legal precedents and doctrine

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

Article 1 The Member States of the Organization of African Unity parties t o the present Charter shall recognize the rights, duties and freedoms enshrined in this Chapter and shall undertake to adopt legislative or other measures to give effect to them.

Treaty

African Charter on Human and Peoples' Rights

rticle 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;

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

ticle 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

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

Treaties and softlaw only110
- Treaty101
- Droit mou de la CADHP9
Cases Referenced11
- Décision de la CADHP8
- Décision de la Cour africaine2
- Affaire de la Cour africaine1
Affaires/décisions internationales2
- Treaty2
Geolocation1
- Pays (Géolocalisation)1

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