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Communication 295/04 - Noah Kazingachire, John Chitsenga, Elias Chemvura & Batanai Hadzisi (Représentés par Zimbabwe Human Rights NGO Forum c. Zimbabwe

Décision de la CADHP

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Table des matières

Summary of the Complaint1
Beavan Tatenda Kazingachire1
Munyaradzi Never Chitsenga2
Lameck Chemvura3
Batanai Hadzisi3
Articles alleged to have been violated5
Procedure6
The Law on Admissibility8
Submissions of the Complainant on Admissibility8
The Respondent State’s Submissions on Admissibility10
Analysis of the African Commission on Admissibility11
The Merits14
Complainant’s Submissions on the Merits14
Respondent State’s Submission on the Merits17
Respondent State’s Supplementary Submissions on the Merits21
African Commission’s analysis on Merits25
Decision of the African Commission on Merits40
Recommendations40

Communication 295/04 - Noah Kazingachire, John Chitsenga, Elias Chemvura & Batanai Hadzisi (Représentés par Zimbabwe Human Rights NGO Forum c. Zimbabwe

Décision de la CADHP

Aperçu

Type de Document

Décision

Mots clés

Abus/exploitation d'enfants
Brutalités et infractions policières
Diligence raisonnable
Dommages-intérêts
Droit à la dignité
Droit à la vie
Droits et bien-être de l'enfant
Épuisement des recours locaux
Exécutions extrajudiciaires
Héritage/Succession
Immoralité
Législation nationale
Liberté d'association
Liberté d'expression / Droits numériques
Liberté d'opinion
Liberté de circulation
Liberté de la personne
Meurtre/assassinat
Opérations des milices / Conflits armés
Recours à la force
Réparations / Recours
Torture et mauvais traitement
Traitement cruel et dégradant
Violations des droits de l'homme

Case Head Notes: The Complaint is filed on behalf of Noah Kazingachire, John Chitsenga, Elias Chemvura and Batanai Hadzisi (the Victims) and relates to allegations of wrongful killings through the use of excessive force and unjust compensation for the death of four persons in Zimbabwe (the Respondent State).

Pays

Zimbabwe

Résultats: Décidé sur le fond

Année de la Décision: 2 mai 2012

Violations alléguées (dispositions de la CADHP)

CADHP 1: Obligations générales
CADHP 4 : Droit à la vie et à l'intégrité

Droits violés (dispositions de la CADHP)

CADHP 1: Obligations générales
CADHP 4 : Droit à la vie et à l'intégrité

Droits non violés (dispositions de la CADHP)

Aucun indiqué

Durée de la procédure

21 oct. 2004 ~ 2 mai 2012

Géolocalisation du Pays

Latitude: -19.015438

Longitude: 29.154857

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

Documents principaux

achpr51_295_04_eng.pdf
English
Télécharger Vue

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

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

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

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

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

4.Are not based exclusively on news discriminated through the mass media

Treaty

African Charter on Human and Peoples' Rights

4.Are not based exclusively on news discriminated through the mass media

Treaty

African Charter on Human and Peoples' Rights

5.Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,

Treaty

African Charter on Human and Peoples' Rights

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

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

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

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

2.Are compatible with the Charter of the Organization of African Unity or with 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

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

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

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 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

59/91 Embga Mekongo Louis v Cameroon

Décision de la CADHP

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

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

Décision de la CADHP

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

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

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 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

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

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

64/92-68/92-78/92_8AR : Krishna Achuthan (on behalf of Aleke Banda),Amnesty International (on behalf of Orton and Vera Chirwa), Amnesty International (on behalf of Orton and Vera Chirwa) / Malawi

Décision de la CADHP

Universal Declaration of Human Rights (UDHR)

Article 3 Everyone has the right to life, liberty and security of person.

Document de l'ONU

Pacte International relatif aux Droits Civils et Politiques

Article 61. Every human being has the inherent right to life. This right shall be protected by law. No one shall be arbitrarily deprived of his life

Document de l'ONU

223/98 Forum of Conscience v Sierra Leone

Décision 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 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

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

Décision de la CADHP

74/92 Commission Nationale des Droits de l'Homme et des libertés v Chad

Décision de la CADHP

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

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

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

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

Treaties and softlaw only42
- Treaty40
- Document de l'ONU2
Cases Referenced6
- Décision de la CADHP6
Aucune étiquettes1
- Cour de justice de la CEDEAO1
Geolocation1
- Pays (Géolocalisation)1

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