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AFRICAN UNION UNION AFRICAINE UN IAO AFRICANA ~_JS~\ .l'b...3::f\ AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS COUR AFRICAINE DES DROITS DE L' HOMME ET DES PEUPLES IN THE MATTER OF HABIYALIMANA AUGUSTINO AND MBURO ABDULKARIM v. THE UNITED REPUBLIC OF TANZANIA APPLICATION NO. 015/2016

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Subject of the Application 3
Procedure Before the Court4
Jurisdiction4
On the Provisional Measures 5
For These Reasons,7

15/16 Habiyalimana Augustino v Tanzania

Décision de la Cour africaine

Aperçu

Type de Document

Ordonnance

Mots clés

Droit à la vie

Etat

Tanzanie

Résultats

Ordonnance de mesures provisoires

Année de la Décision: 3 juin 2016

Violations alléguées (dispositions de la CADHP)

Aucun indiqué

Droits violés (dispositions de la CADHP)

Aucun indiqué

Droits non violés (dispositions de la CADHP)

Aucun indiqué

Durée de la procédure: 8 mars 2016 ~ 3 juin 2016

Géolocalisation du pays

Latitude: -6.369028

Longitude: 34.888822

Géolocalisation du pays (Lié Décision de la Cour africaine): Tanzania

Documents principaux

15-16 Habiyalimana Augustino v Tanzania.pdf
English
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Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 22 EXCLUSIONIf the judge is a national of any State which is a party to a case submitted to the Court, that judge shall not hear the case

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 8Inability to Sit, Exemption and Withdrawal1. Any Member of the Court who is unable to attend a sittingof the Courtshall notify the President as early as possible.2. In accordance with article 22 of the Protocol, any Member of the Courtwho is a national of a State that is party to a case shall abstain fromhearing that case.

Règlement intérieur

Rules of Court (African Court on Human and People's Rights)

Rule 36Registration and Transmission of Pleadings1. All pleadings received by the Registrar shall be registered and a copythereof transmitted to the other party.2. The Registrar shall acknowledge receipt of all such pleadings

Règlement intérieur

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

rticle 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

rticle 5 ACCESS TO THE COURT 1. The following are entitled to submit cases to the Court:a) The Commissionb) The State Party which had lodged a complaint to the Commissionc) The State Party against which the complaint has been lodged at the Commissiond) The State Party whose citizen is a victim of human rights violatione) African Intergovernmental Organizations2. When a State Party has an interest in a case, it may submit a request to the Court to be permitted to join.3. The Court may entitle relevant Non Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34 (6) of this Protocol.

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.

Treaty

African Charter on Human and Peoples' Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Rule 51Interim Measures1. Pursuant to article 27(2) of the Protocol, the Court may, at the request ofa party, the Commission or on its own accord, prescribe to the parties anyinterim measure which it deems necessary to adopt in the interest of theparties or of justice.

Règlement intérieur

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Article 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation. 2. In cases of extreme gravity and urgency, and when necessary to avoid irreparable harm to persons, the Court shall adopt such provisional measures as it deems necessary

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

African Charter on Human and Peoples' Rights

Treaty

Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights

Treaty

Rules of Court (African Court on Human and People's Rights)

Règlement intérieur

Treaties and softlaw only16
- Treaty12
- Règlement intérieur4
Geolocation1
- Pays (Géolocalisation)1

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