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413/12 David Mendes (represented by the Centre for Human Rights, University of Pretoria) v Angola

Décision de la CADHP

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Table des matières

Summary of the Complaint1
Articles Alleged to Have Been Violated2
Prayers2
Procedure2
The Complainant's Submissions on Admissibility3
The Respondent State's Submissions on Admissibility5
Analysis of the Commission on Admissibility6
Holding7

413/12 David Mendes (represented by the Centre for Human Rights, University of Pretoria) v Angola

Décision de la CADHP

Aperçu

Type de Document

Décision

Mots clés

Démocratie
Dommages-intérêts
Droit à l'information
Droit à la dignité
Droit à la propriété
Droit à la vie
Droits civils et politiques
Élections / Référendums
Liberté d'association
Liberté d'expression / Droits numériques
Liberté d'opinion
Liberté de circulation
Liberté de la personne
Liberté de réunion
Libre disposition des richesses et des ressources naturelles
Mesures provisoires
Paix et sécurité
Participation au gouvernement
Protection de la famille et des groupes vulnérables
Réparations / Recours
Sécurité de la personne

Case Head Notes: The Complainant submits that the Victim is a human rights lawyer, activist and President of the Popular Party (Partido Popular), an opposition party to the ruling Peoples' Movement for the Liberation of Angola (MPLA) Party, led by Jose Eduardo dos Santos

Pays

Angola

Résultats: Déclaré irrecevable

Année de la Décision: 18 nov. 2018

Violations alléguées (dispositions de la CADHP)

CADHP 1: Obligations générales
CADHP 10 : Droit à la liberté d'association
CADHP 11: Droit à la liberté de réunion
CADHP 12: Droit à la liberté de circulation
CADHP 13: Droit de participer au gouvernement
CADHP 21.2: Droit à la légitime récupération des biens par les personnes spoliées
CADHP 4 : Droit à la vie et à l'intégrité
CADHP 6 : Droit à la liberté de la personne et à la protection contre l'arrestation arbitraire
CADHP 9 : Droit à l'information et à la liberté d'expression

Durée de la procédure

21 avr. 2012 ~ 18 nov. 2018

Géolocalisation du Pays

Latitude: -11.202692

Longitude: 17.873887

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

Documents principaux

413_12 David Mendes (represented by the Centre for Human Rights, University of Pretoria) v Angola.pdf
English
Télécharger Vue
163. 413_12 David Mendes (represented by the Centre for Human Rights, University of Pretoria) v Angola.pdf
Portuguese
TOC ML
Télécharger Vue

African Charter on Human and Peoples' Rights

rticle 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

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. 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.

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 211. All peoples shall freely dispose of their wealth and natural resources. This right shall be exercised in the exclusive interest of the people. In no case shall a people be deprived of it. 72. In case of spoliation the dispossessed people shall have the right to the lawful recovery of its property as well as to an adequate compensation. 3. The free disposal of wealth and natural resources shall be exercised without prejudice to the obligation of promoting international economic cooperation based on mutual respect, equitable exchange and the principles of international law.4. States parties to the present Charter shall individually and collectively exercise the right to free disposal of their wealth and natural resources with a view to strengthening African unity and solidarity. 5. States parties to the present Charter shall undertake to eliminate all forms of foreign economic exploitation particularly that practiced by international monopolies so as to enable their peoples to fully benefit from the advantages derived from their national resources.

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 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. 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. 55. The mass expulsion of non-nationals shall be prohibited. Mass expulsion shall be that which is aimed at national, racial, ethnic or religious groups

Treaty

African Charter on Human and Peoples' Rights

Treaty

African Charter on Human and Peoples' Rights

Article 131.Every citizen shall have the right to participate freely in the government of his country, either directly or through freely chosen representatives in accordance with the provisions of the law. 2.Every citizen shall have the right of equal access to the public service of his country. 3. Every individual shall have the right of access to public property and services in strict equality of all persons before the law

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 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

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

If the Commission has made a 2. request for Provisional Measures against a State Party in accordance with Rule 98, and considers that the State has not complied with the Provisional Measures requested, the Commission may pursuant to Article 5 (1) (a) of the Protocol, refer the communication to the Court and inform the Complainant and the State concerned. The Commission may, pursuant to 3. Rule 84(2) submit a communication before the Court against a State Party if a situation that, in its view, constitutes one of serious or massive violations of human rights as provided for under Article 58 of the African Charter, has come to its attention.

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

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

20/88 Austrian Committee Against Torture v Morocco

Décision de la CADHP

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

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

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,

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 107 Decision on AdmissibilityOnce it has considered the positions 1. of the parties, the Commission shall make a decision on the admissibility of the Communication and the Secretary shall inform the parties accordingly. Once a Communication has been 2. declared admissible, the Commission shall inform the parties and defer the Communication to the next session for consideration on the merit. The Commission’s decisions on the 3. inadmissibility of Communications shall be notified to the parties and attached to its Activity Report. If the Commission has declared a 4. Communication inadmissible this decision may be reviewed at a later date, upon the submission of new evidence, contained in a written request to the Commission by the author.

Droit mou de la CADHP

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

Droit mou de la CADHP

Treaties and softlaw only25
- Treaty21
- Droit mou de la CADHP4
Cases Referenced1
- Décision de la CADHP1
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- Pays (Géolocalisation)1

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