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

Décision de la CADHP

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The Facts as Submitted by the Authors1
Complaint2
The State Response and Observations2
Procedure Before the Commission2
Law5
Admissibility5
Merits5
Holding9

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

Décision de la CADHP

Aperçu

Type de Document

Décision

Mots clés

Administration de la justice
Arrestation et détention arbitraire
Centres de détention/Conditions
Compétence de la Cour
Corruption
Droit à l'information
Droit à la dignité
Droit à la santé
Droit à la vie
Droit à un procès équitable
Droit d'être entendu par un tribunal compétent
Droits civils et politiques
Exécutions extrajudiciaires
Fonctionnement et indépendance du pouvoir judiciaire
Fraude
Liberté d'association
Liberté d'expression / Droits numériques
Liberté d'opinion
Liberté de la personne
Liberté de réunion
Mesures provisoires
Meurtre/assassinat
Peine de mort
Prolongation de la durée
Protection de la famille et des groupes vulnérables
Sécurité de la personne
Torture et mauvais traitement
Traitement cruel et dégradant

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

Pays

Nigeria

Résultats: Décidé sur le fond

Année de la Décision: 31 oct. 1998

Violations alléguées (dispositions de la CADHP)

CADHP 1: Obligations générales
CADHP 10 : Droit à la liberté d'association
CADHP 10.1 : Liberté d'association
CADHP 11: Droit à la liberté de réunion
CADHP 16: Droit à la santé
CADHP 26 : Devoir de garantir l'indépendance des tribunaux
CADHP 4 : Droit à la vie et à l'intégrité
CADHP 5 : Traitements cruels, inhumains et dégradants
CADHP 7 : Droit à un procès équitable
CADHP 9 : Droit à l'information et à la liberté d'expression

Droits violés (dispositions de la CADHP)

CADHP 1: Obligations générales
CADHP 10.1 : Liberté d'association
CADHP 11: Droit à la liberté de réunion
CADHP 16: Droit à la santé
CADHP 26 : Devoir de garantir l'indépendance des tribunaux
CADHP 4 : Droit à la vie et à l'intégrité
CADHP 5 : Traitements cruels, inhumains et dégradants
CADHP 6 : Droit à la liberté de la personne et à la protection contre l'arrestation arbitraire
CADHP 7.1.a : Droit de demander réparation devant un tribunal compétent
CADHP 7.1.b : Innocent jusqu'à preuve du contraire
CADHP 7.1.c : Droit à la défense
CADHP 7.1.d : Droit d'être jugé dans un délai raisonnable par un tribunal impartial
CADHP 9.2 : Droit d'exprimer et de diffuser ses opinions dans le cadre de la loi

Durée de la procédure

28 sept. 1994 ~ 31 oct. 1998

Géolocalisation du Pays

Latitude: 9.081999

Longitude: 8.675277

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

Documents principaux

137_94-139_94-154_96-161_97 International PEN, Constitutional Rights Project, Civil....pdf
English
Télécharger Vue
138. 137_94-139_94-154_96-161_97 International PEN & Others v Nigeria.pdf
Portuguese
TOC ML
Télécharger Vue

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law. 2.Subject to the obligation of solidarity provided for in 29 no one may be compelled to join an association. Article 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

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

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 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

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right. Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited

Treaty

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

Rule 109 Amicable settlement At any stage of the examination of a 1. Communication, the Commission, on its own initiative or at the request of any of the parties concerned, may offer its good offices for an amicable settlement between the parties. The amicable settlement procedure 2. shall be initiated, and may only continue, with the consent of the parties. If it deems it necessary, the 3. Commission may entrust to one or more of its members the task of facilitating negotiations between the parties. The Commission may terminate 4. its intervention in the amicable settlement procedure at the request of one or both parties, within a period of six months, renewable once, when an amicable settlement is not reached. When the Commission receives 5. information from parties that an amicable settlement has been reached, the Commission shall ensure that such amicable settlement:Complies with or respects the a. human rights and fundamental freedoms enshrined in the African Charter and other applicable instruments; Indicates that the victim of the b. alleged human rights violation or, his/her successors, as the case may be, have consented to the terms of the settlement and are satisfied with the conditions; Includes an undertaking by the c. parties to implement the terms of the settlement.When the Commission is satisfied 6. that the requirements of paragraph 5 have been complied with, it shall prepare a report which shall contain:A brief statement of the facts;a. An explanation of the settlement b. reached;Recommendations by the c. Commission for steps to be taken by the parties to ensure the maintenance of the settlement;Steps to be taken by the d. Commission to monitor the parties’ compliance with the terms of the settlement.If the terms of the amicable 7. settlement are not implemented within six months, or when the terms do not comply with the requirements under paragraph 5 Part Three : Protection Activities 41of the present Rule the Commission shall at the request of the Complainant continue to process the Communication in accordance with the relevant provisions of the Charter and the relevant Rules in the present Rules.

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

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

Décision de la CADHP

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

Décision de la CADHP

59/91 Embga Mekongo Louis v Cameroon

Décision de la CADHP

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

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

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

Rule 111 Review of the decision of the Commission on the meritsOnce the Commission has taken a 1. decision on the merits, it may, on its own initiative or upon the written request of one of the parties, review the decision. In determining whether to review 2. its decision on the merits, the Commission shall satisfy itself of the following:that the request is based upon a. the discovery of some fact of such a nature as to be a decisive factor, which fact was not known to the Commission and the party requesting the review, provided that such ignorance was not due to negligence;that the application for review b. is made within six months of the discovery of the new fact;any other compelling reason or c. situation that the Commission may deem appropriate or relevant to justify review of a Communication, with a view to ensure fairness, justice and respect for human and peoples’ rights.No application for review may be 3. made after three years from the date of the decision.

Droit mou de la CADHP

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law.

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law.

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by 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

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 11Every individual shall have the right to assemble freely with others. The exercise of this right shall be subject only to necessary restrictions provided for by law in particular thoseenacted in the interest of national security, the safety, health, ethics and rights and freedoms of others.

Treaty

African Charter on Human and Peoples' Rights

Article 101.Every individual shall have the right to free association provided that he abides by the law.

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 1The Member States of the Organization of African Unity parties to 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

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

Treaty

African Charter on Human and Peoples' Rights

Article 5Every individual shall have the right to the respect of the dignity inherent in a human being and to the recognition of his legal status. All forms of exploitation and degradation of man particularly slavery, slave trade, torture, cruel, inhuman or degrading punishment and treatment shall be prohibited.

Treaty

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.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 1The Member States of the Organization of African Unity parties to 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

Treaty

African Charter on Human and Peoples' Rights

Article 4Human beings are inviolable. Every human being shall be entitled to respect for his life and the integrity of his person. No one may be arbitrarily deprived of this right.

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

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 1The Member States of the Organization of African Unity parties to 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

Aucune étiquettes21
- Décision de la CADHP20
- Cour de justice de la CEDEAO1
Treaties and softlaw only50
- Treaty44
- Droit mou de la CADHP6
Cases Referenced4
- Décision de la CADHP4
Geolocation1
- Pays (Géolocalisation)1

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