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

Décision de la CADHP

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Summary of the Complaint1
Articles Alleged to Have Been Violated2
Prayers2
Procedure2
Analysis of the Commission on Seizure2
Decision of the Commission on Seizure3

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

Décision de la CADHP

Aperçu

Type de Document

Décision

Mots clés

Admissibilité
Arrestation et détention arbitraire
Compétence de la Cour
Droit à la dignité
Droit à la propriété
Droit à la santé
Droit à un procès équitable
Droit d'être entendu par un tribunal compétent
Droits civils et politiques
Égalité devant la loi
Épuisement des recours locaux
Exécutions extrajudiciaires
Fonctionnement et indépendance du pouvoir judiciaire
Liberté de circulation
Liberté de la personne
Lutte contre la discrimination
Protection de la famille et des groupes vulnérables
Violations des droits de l'homme
Violations résultant de la guerre et des opérations militaires

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

Pays

Kenya

Résultats: Rejeté au stade de la saisie

Année de la Décision: 14 mars 2014

Violations alléguées (dispositions de la CADHP)

CADHP 12: Droit à la liberté de circulation
CADHP 14: Droit à la propriété
CADHP 16: Droit à la santé
CADHP 19: Egalité et droits de tous les peuples
CADHP 2 : Liberté de ne pas subir de discrimination
CADHP 20.1: Droit à l'existence
CADHP 28 : Devoir de respecter et de considérer ses semblables sans discrimination
CADHP 3 : Droit à l'égalité devant la loi et à l'égale protection de la loi
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 : Droit à un procès équitable

Droits violés (dispositions de la CADHP)

Aucun indiqué

Durée de la procédure

19 févr. 2014 ~ 14 mars 2014

Géolocalisation du Pays

Latitude: -0.023559

Longitude: 37.906193

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

Documents principaux

464_14 Uhuru Kenyatta and William Ruto (represented by Innocence Project Africa) v Kenya.pdf
English
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African Charter on Human and Peoples' Rights

Article 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law. 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 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

Article 14The right to property shall be guaranteed. It may only be encroached upon in the interest of public need or in the general interest of the community and in accordance with the provisions of appropriate laws.

Treaty

African Charter on Human and Peoples' Rights

Article 121. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law. 2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality. 3. Every individual shall have the right, when persecuted, to seek and obtain asylum in other countries in accordance with laws of those countries and international conventions. 4. A non-national legally admitted in a territory of a State Party to the present Charter, may only be expelled from it by virtue of a decision taken in accordance with the law.

Treaty

African Charter on Human and Peoples' Rights

Article 28Every individual shall have the duty to respect and consider his fellow beings without discrimination, and to maintain relations aimed at promoting, safeguarding and reinforcing mutual respect and tolerance.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 19All peoples shall be equal; they shall enjoy the same respect and shall have the same rights. Nothing shall justify the domination of a people by another. Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.

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. 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.

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

Rule 79 Decision on Matters of Emergency 1. The Commission shall treat a situation as a matter of emergency under Article 58(3) of the African Charter, when:it is one of serious or massive a. human rights violations;it presents the danger of b. irreparable harm or requires urgent action to avoid irreparable damage;2. When a situation of emergency arises during a session of the Commission, the decision to treat it as such shall be taken by the Commission. 3. When a situation arises during the Commission’s inter-session period, the decision to treat it as a matter of emergency shall be taken by the Bureau of the Commission, which shall keep other members of the Commission informed and present a report on the situation at the next session of the Commission.

Droit mou 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

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

Treaty

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

Rule 93 Seizure of the Commission A Communication submitted under 1. Article 55 of the African Charter may be addressed to the Chairperson of the Commission through the Secretary by any natural or legal person.The Secretary shall ensure that 2. Communications addressed to the Commission contain the following information:The name, nationality and a. signature of the person or persons filing it; or in cases where the Complainant is a non-governmental entity, the name and signature of its legal representative(s); Whether the Complainant b. wishes that his or her identity be withheld from the State;The address for receiving c. correspondence from the Commission and, if available, a telephone number, facsimile number, and email address;An account of the act or situation d. complained of, specifying the place, date and nature of the alleged violations; The name of the victim, in a e. case where he or she is not the Complainant; Any public authority that has f. taken cognisance of the fact or situation alleged; Part Three : Protection Activities 34The name of the State(s) g. alleged to be responsible for the violation of the African Charter, even if no specific reference is made to the article(s) alleged to have been violated; Compliance with the period h. prescribed in the African Charter for submission of the Communication;Any steps taken to exhaust i. domestic remedies, or if the applicant alleges the impossibility or unavailability of domestic remedies, the grounds in support of such allegation; andAn indication thatj. the complaint has not been submitted to another international settlement proceeding as provided in Article 56(7) of the African Charter.

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

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

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