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10/11 Efoua Mbozo’o Samuel v. The Pan African Parliament (Separate Opinion - Fatsah Ouguergouz)

Décision de la Cour africaine

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10/11 Efoua Mbozo’o Samuel v. The Pan African Parliament (Separate Opinion - Fatsah Ouguergouz)

Décision de la Cour africaine

Aperçu

Type de Document

Opinion séparée

Mots clés

Juridiction

Etat

UA/Organe de l'UA

Année de la Décision: 30 sept. 2011

Droits violés (dispositions de la CADHP)

Aucun indiqué

Durée de la procédure: 7 juin 2011 ~ 30 sept. 2011

Documents principaux

10_11 Efoua Mbozo’o Samuel v. The Pan African Parliament (Separate Opinion - Fatsah Ouguergouz).pdf
English
TOC ML
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16. 010-2011 – Efoua Mbozo’o Samuel v. Pan African Parliament - Opinião Separada do Venerando Juiz Fatsah Ouguergouz.pdf
Portuguese
TOC ML
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010/11 Efoua Mbozo’o Samuel v. The Pan African Parliament

Décision de la Cour africaine

01/08 Michelot Yogogombaye v Senegal (Separate Opinion - Fatsah Ouguergouz)

Décision de la Cour africaine

008/11 Ekollo Alexandre v. Nigeria & Cameroon (Dissenting Opinion - Fatsah Ouguergouz)

Décision de la Cour africaine

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

Treaty

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

c) The State Party against which the complaint has been lodged at the Commission

Treaty

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

Article 30 EXECUTION OF JUDGMENTThe States Parties to the present Protocol undertake to comply with the judgment in any case to which they are parties within the time stipulated by the Court and to guarantee its execution.

Treaty

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

Article 26 EVIDENCE1. The Court shall hear submissions by all parties and if deemed necessary, hold an enquiry. The States concerned shall assist by providing relevant facilities for the efficient handling of the case. 2. The Court may receive written and oral evidence including expert testimony and shall make its decision on the basis of such evidence.

Treaty

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

Article 7 SOURCES OF LAWThe Court shall apply the provision of the Charter and any other relevant human rights instruments ratified by the States concerned.

Treaty

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

Article 31 REPORTThe Court shall submit to each regular session of the Assembly, a report on its work during the previous year. The report shall specify, in particular, the cases in which a State has not complied with the Court’s judgment.

Treaty

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

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

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

African Charter on Human and Peoples' Rights

Article 15Every individual shall have the right to work under equitable and satisfactory conditions, and shall receive equal pay for equal work.

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

rticle 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

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