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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
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.
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,
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,
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
3.Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity,
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
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,
65/92 Ligue Camerounaise des Droits de l'Homme v Cameroon
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
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,
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,
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Communications 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,
Communication 268/03 - Ilesanmi c. Nigeria
260/02 Bakweri Land Claims Committee v Cameroon
Communication 268/03 - Ilesanmi c. Nigeria
Communication 268/03 - Ilesanmi c. Nigeria
38.The author submitted in his complaint that the police and customs officials are corrupt, that they deal with drug smugglers, that they extort money from motorists and added that the President himself was corrupt and had been bribed by the drug smugglers. The Respondent State claims such language is insulting to the institutions of the State including the presidency and provocative, and questions whether the African Commission would allow itself to be used by authors like this to use “unbecoming language to unjustly and baselessly vilify leaders”?39.The operative words in sub paragraph 3 in Article 56 are ‘disparaging’ and ‘insulting’ and these words must be directed against the State Party concerned or its institutions or the African Union. According to the Oxford Advanced Dictionary, disparaging means “to speak slightingly of... or to belittle and insulting means to abuse scornfully or to offend the self respect or modesty of...”. The language must be aimed at undermining the integrity and status of the institution and bring it into disrepute.40.To say an institution or person is corrupt or that he/she has received bribes from drug dealers, every reasonable person would lose respect for that institution or person. In an open and democratic society individuals must be allowed to express their views freely. However, in expressing these views due regard should be taken not to injure the reputation of others or impair the enjoyment of the rights of others. While the [African] Commission strives to protect the rights of individuals it must strike a balance to ensure that those institutions established within States Parties to facilitate the enjoyment of these rights are also respected by the individuals. To expose vital state institutions to insults and disparaging comments like those expressed in the communication brings the institution to disrepute and renders its effectiveness wanting. In the light of the above, the African Commission finds that the language used in the communication as intended to bring the institution of the President into ridicule and disrepute and thus insulting
260/02 Bakweri Land Claims Committee v Cameroon
260/02 Bakweri Land Claims Committee v Cameroon
48. To the objection that the communication casts such suspicions and aspersions on the Cameroonianjudicial system and hence could be considered insulting per Article 56.3 of the African Charter, the AfricanCommission finds that there is nothing in the various submissions of the Complainant to warrant theinvocation of Article 56.3 of the African Charter so as to declare the complaint inadmissible on the groundsof its being written in disparaging or insulting language. The Complainant can allege, among others, and asit did with a view to be exempted from exhausting local remedies, that the president of the Republic wieldedextraordinary powers so as to influence the judiciary and that the judiciary is impartial and lackedindependence. This would be nothing but a mere allegation depicting, as it perceives it, the Complainant'scomprehension of the offices that it thought would not provide it with any remedies as the AfricanCommission would demand. Whether the allegations are true is another matter. At best, the RespondentState may, if it so wishes, employ other means to acquaint the African Commission that the situation isindeed otherwise. The African Commission notes, however, that such a rebuttal is not necessary forpurposes of examination under Article 56.3. Accordingly, thus, the African Commission finds theRespondent State's objection per Article 56.3 of the African Charter unsustainable.
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,
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,
147/95_149/96 Sir Dawda K. Jawara v Gambia (The)
31. The rationale of the local remedies rule both in the Charter and other international instruments is toensure that before proceedings are brought before an international body, the State concerned must havehad the opportunity to remedy the matter through its own local system. This prevents the Commission fromacting as a court of first instance rather than a body of last resort.1 Three major criteria could be deducedfrom the practice of the Commission in determining this rule, namely: the remedy must be available,effective and sufficient.
147/95_149/96 Sir Dawda K. Jawara v Gambia (The)
147/95_149/96 Sir Dawda K. Jawara v Gambia (The)
2. A remedy is considered available if the petitioner can pursue it without impediment, it is deemedeffective if it offers a prospect of success, and it is found sufficient if it is capable of redressing thecomplaint.
272/03 Association of Victims of Post Electoral Violence & Interights v Cameroon
97/93_14AR John K. Modise v Botswana
Communication 272/03 - Association of Victims of Post Electoral Violence & INTERIGHTS c. Cameroun
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
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.
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;
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; (
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(c) the right to defense, including the right to be defended by counsel of his choice
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
; (d) the right to be tried within a reasonable time by an impartial court or tribunal.
Rules of Procedure of the African Commission on Human and People's Rights
Rules of Procedure of the African Commission on Human and People's Rights
Rule 105 Submissions of observationsWhen the Commission has decided 1. to be seized of a Communication pursuant to the present Rules, it shall promptly transmit a copy of the complaint to the Respondent State. It shall simultaneously inform the Complainant of the decision on seizure, and request the Complainant to present evidence and arguments on admissibility within two months.
Rules of Procedure of the African Commission on Human and People's Rights
292/04 Institute for Human Rights and Development in Africa v Angola
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.
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
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.
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.
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(b) the right to be presumed innocent until proved guilty by a competent court or tribunal;
Communication 222/98-229/99 - Law Office of Ghazi Suleiman c. Soudan
(53466/07) KONSTAS v. GREECE
Communication 222/98-229/99 - Law Office of Ghazi Suleiman c. Soudan
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;
(53466/07) KONSTAS v. GREECE
42.As regards the remarks made bythe Deputy Minister of Finance, theCourtnotes that, among other things, he used the term “crooks” and said“you even steal from each other”. In so doing, he did not restrict himself to merely referring to the applicant’s convictionby the Assize Court’s judgment no.2444/2007, which would have been keeping with theprinciple ofthepresumption of innocence. It should be noted in this regard that as that judgment had not yet been finalised, the Deputy Minister of Finance had made these statements without knowing the exactfacts on which the Assize Court had based its verdict. IntheCourt’s opinion, suchblunt, imprudentlanguage was likely to influencepublic opinionas regardstheapplicant’s guilt. Inparticular, theword“crook”illustrated his –very negative–personal opinionof the applicant followingthe Assize Court’s judgment. In addition, thecomment “you even steal from each other”, another implicit but clear reference to the applicant, had all the appearance of a new assessment of the factstheCourt of Appealwould be examining in order to deliver thefinal decisionin the matter. In short, the wording used by the Deputy Minister of Financeappears to have reflectedhis own view of the case,prejudgingthefuture judgment of the Court of Appeal.43.As to the wording used by the MinisterofJustice, theCourtobservesfirst of all that he did not speak as bluntlyas the Deputy Minister of Finance in referring to the conviction of the people involved in the case. Accordingly, his comments could not be construed as his own,negatively biasedappraisal of the applicant’s case.The Minister of Justicedid, however, declarethat the Greek courts had “boldly and resolutely” convicted those involved in the case. That statement was likely to givethe impression that the Minister of Justicewas satisfied with theverdict reached in judgment no.2444/2007 and wanted the Court of Appeal to uphold that judgment. The Court draws attention in particular to the specific political post this government minister occupied at the time. As Minister ofJustice he embodied, par excellence, the politicalauthority responsible for the organisation andtheproper functioning of the courts. He should therefore have beenparticularly carefulnot to say anything that might give the impression that he wished toinfluencethe outcome of proceedings pending before the Court of Appeal. In the light of the foregoing, theCourtfinds that the words used by theMinister ofJustice appeared to prejudge the decision of the Court of Appeal.44.TheCourttakesnote of the Government’s argument concerning the time that elapsed betweenthemaking of the offending comments and the examination of the case on appeal.According totheGovernment, the appeal proceedings were still pending, so the comments made could not possibly influencethe Court of Appeal after such a long time. TheCourtconsiders thatthecompatibilityof statements withtheprinciple ofthepresumption of innocenceis determinedwith regardto the time when the statements were KONSTAS v. GREECE JUDGMENT12made; the time that passes before the competent court examines the merits of the case is therefore not a crucial factor in the assessment of the complaint underArticle 6 § 2 oftheConvention. In any event, to accept the Government’s argument would be drawing an unreasonableconclusion for the purposesoftheConvention, namely that the longer the criminal proceedings, the more any disregard forthe presumption of innocence at an earlier stage of the same proceedings could be minimised.45.In conclusion, theCourtfinds that the remarks made bythe Deputy Minister of Finance on 11 June 2007 and the Minister of Justice on 12February 2008 wentfar beyond a mere reference to the applicant’sconvictionby judgment no.2444/2007. TheCourtpaysparticular attention to the fact that the remarks weremade by high-ranking politicians and even, in the case of the Minister of Justice, by a person of authority whosepositionrequired himto show particular restraint when commenting on judicial decisions. The above considerations are sufficient for the Court to be able to conclude that there has been a violation of Article 6 § 2 oftheConvention in respect oftheproceedings pending before the Athens Court of Appeal, on account of the statements made by the Deputy Minister of Finance and the Minister of Justice
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(c) the right to defense, including the right to be defended by counsel of his choice
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(c) the right to defense, including the right to be defended by counsel of his choice
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(c) the right to defense, including the right to be defended by counsel of his choice
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
Communication 231/99 - Avocats Sans Frontières (au nom de Gaëtan Bwampamye) c. Burundi
218/98 Civil Liberties Organisation, Legal Defence Centre, Legal Defence and Assistance Project v Nigeria
275/03 Article 19 v Eritrea
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
Communication 231/99 - Avocats Sans Frontières (au nom de Gaëtan Bwampamye) c. Burundi
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
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(d) the right to be tried within a reasonable time by an impartial court or tribunal.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(d) the right to be tried within a reasonable time by an impartial court or tribunal.
European Court in the case of Buchholz v. Germany.
275/03 Article 19 v Eritrea
39/90_10AR Annette Pagnoulle (on behalf of Abdoulaye Mazou) v Cameroon
206/97 Centre for Free Speech v Nigeria
103/93 Alhassan Abubakar v Ghana
206/97 Centre for Free Speech v Nigeria
103/93 Alhassan Abubakar v Ghana
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
232/99 John D. Ouko v Kenya
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
25/89 Free Legal Assistance Group and Others v Zaire
(856/1999) CHAMBALA v ZAMBIA
232/99 John D. Ouko v Kenya
25/89-47/90-56/91-100/93 : Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v DRC
(856/1999) CHAMBALA v ZAMBIA
(1134/2002) Gorji Dinka v. Cameroon
ECW/CCJ/JUD/13/19 Karim Meissa Wade v Senegal
Cour de justice de la CEDEAO (12369/86) Letellier v. France
(1134/2002) Gorji Dinka v. Cameroon
(12369/86) Letellier v. France
LETELLIER v. FRANCEJUDGMENT18recognises -as in Article 144 of the Code of Criminal Procedure -the notion of disturbance to public order caused by an offence.However, this ground can be regarded as relevant and sufficient only provided that it is based on facts capable of showing that the accused’s release would actually disturb public order.In addition detention will continue to be legitimate only if public order remains actually threatened; its continuation cannot be used to anticipate a custodial sentence.In this case, these conditions were not satisfied.The indictments divisions assessed the need to continue the deprivation of liberty from a purely abstract point of view, taking into consideration only the gravity of the offence.This was despite the fact that the applicant had stressed in her memorials of 16 January 1986 and of 3 March and 10 April 1987 that the mother and sister of the victim had not submitted any observations when she filed her applications for release, whereas they had energetically contested those filed by Mr Moysan (see paragraphs 14 and 24 in fine above); the French courts did not dispute this.5. Conclusion52.The Court therefore arrives at the conclusion that, at least from 23 December 1986 (see paragraph 39 above), the contesteddetention ceased to be based on relevant and sufficient grounds.The decision of 24 December 1985 to release the accused was taken by the judicial officer in the best position to know the evidence and to assess the circumstances and personality of Mrs Letellier; accordingly the indictments divisions ought in their subsequent judgments to have stated in a more clear and specific, not to say less stereotyped, manner why they considered it necessary to continue the pre-trial detention.53.There has consequently been a violation of Article 5 § 3 (art. 5-3).II.ALLEGED VIOLATION OF ARTICLE 5 § 4 (art. 5-4)54.The applicant also alleged a breach of the requirements of Article 5 § 4 (art. 5-4), according to which:"Everyone who is deprived of his liberty by arrest or detention shall be entitled to take proceedings by which the lawfulness of his detention shall be decided speedily by a court and his release ordered if the detention is not lawful."She claimed that the final decision concerning her application forrelease of 24 January 1986, namely the Court of Cassation’s dismissal on 15 June 1987 of her appeal against the decision of the indictments division of the Amiens Court of Appeal of 17 March 1987 (see paragraphs 16, 21 and 22 above), was not given "speedily".The Commission agreed.55.The Government contested this view.They argued that the length of the lapse of time in question was to be explained by the large number of LETELLIER v. FRANCEJUDGMENT19appeals filed by Mrs Letellier herself on procedural issues: in thirteen months and three weeks the indictments divisions gave three decisions and the Court of Cassation two; the time which it took for these decisions to be delivered was in no way excessive and could not be criticised because it was in fact the result of the systematic use of remedies available under French law
(159/1996/778/979) Gérard Bernard v. France
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. 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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
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.
African Charter on Human and Peoples' Rights
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained. 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
253/02 Antonie Bissangou v Congo
59/91 Embga Mekongo Louis v Cameroon
ECW/CCJ/JUD/03/08 - Chief Ebrimah Manneh c. Gambie
Cour de justice de la CEDEAO ECW/CCJ/JUD/08/10 Musa Saidykhan v The Gambia
Cour de justice de la CEDEAO ECW/CCJ/JUD/03/08 - Chief Ebrimah Manneh c. Gambie
Cour de justice de la CEDEAO ECW/CCJ/JUD/08/10 Musa Saidykhan v The Gambia
Cour de justice de la CEDEAO Rules of Procedure of the African Commission on Human and People's Rights
ule 112 Follow-up on the recommendations of the CommissionAfter the consideration of the 1. Commission’s Activity Report by the Assembly, the Secretary shall notify the parties within thirty (30) days that they may disseminate the decision. In the event of a decision against a 2. State Party, the parties shall inform the Commission in writing, within one hundred and eighty (180) days of being informed of the decision in accordance with paragraph one, of all measures, if any, taken or being taken by the State Party to implement the decision of the Commission.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
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;
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
Article 6Every individual shall have the right to liberty and to the security of his person. No one may be deprived of his freedom except for reasons and conditions previously laid down by law. In particular, no one may be arbitrarily arrested or detained.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
; (d) the right to be tried within a reasonable time by an impartial court or tribunal.
Charte Africaine des Droits de l'Homme et des Peuples (Charte de Banjul)
(c) the right to defense, including the right to be defended by counsel of his choice