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288 04 gabriel shumba v zimbabwe

Decisão da CADHP sobre Comunicação

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Summary of Facts1
Complaint1
Procedure1
The Law3
Admissibility3
Decision on the Merits8
Recommendation8
Submissions on Merits8
Complainants' Submission on the Merits8
Complainant Supplementary Submissions on the Respondent State's Response on the Merits13
African Commission's Decision on the Merits15
Recommendations26

288 04 gabriel shumba v zimbabwe

Decisão da CADHP sobre Comunicação

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Type of Document

Decisão

Palavras-Chave

Danos e Compensação
Desaparecimento forçado
Direito à Autodeterminação
Direito à Dignidade
Direito à Igualdade perante a Lei
Direito à Informação
Direito à Privacidade
Direito à Propriedade
Direito à Saúde
Direito à Vida
Direito ao Julgamento Justo
Direito de Ser Ouvido
Direitos Civis e Políticos
Discriminação
Infracções Sexuais
Instalações / Condições de Detenção
Liberdade da Pessoa
Liberdade de Associação
Liberdade de Expressão / Direitos Digitais
Liberdade de Opinião
Prisão e Detenção Arbitrárias
Prisão Falsa
Proteção de Privacidade
Reparações / Remédios
Segurança pessoal
Tortura e Mal Tratamento
Tratamento Cruel e Degradante

Case Head Notes: The Complainant and his Counsel present the facts of the case as follows: On 14th January 2003, theComplainant in the presence of 3 others, namely Bishop Shumba, TauraiMagayi and Charles Mutama wastaking instructions from one of his clients a Mr. John Sikhala in a matter involving alleged politicalharassment by members of the Zimbabwe Republic Police (ZRP). Mr. John Sikhala is a Member ofParliament for the Movement for Democratic Change (MDC), which is the opposition party in Zimbabwe.

Estado

Zimbábue

Resultado: Decidiu sobre os Méritos

Data da Decisão: 2 de mai. de 2012

Rights Alleged to be Violated

CADHP 10.1: Liberdade de associação
CADHP 14: Direito à Propriedade
CADHP 4: Direito à Vida e à Integridade
CADHP 5: Punição Cruel Desumana e Desproporcional
CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária
CADHP 7.1.c: Direito à Defesa
CADHP 7.1.d: Direito de ser Tulgado em um Tempo Razoável por um Tribunal Imparcial

Direitos Violados

CADHP 5: Punição Cruel Desumana e Desproporcional

Rights Not Violated

CADHP 10.1: Liberdade de associação
CADHP 14: Direito à Propriedade
CADHP 4: Direito à Vida e à Integridade
CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária
CADHP 7.1.c: Direito à Defesa
CADHP 7.1.d: Direito de ser Tulgado em um Tempo Razoável por um Tribunal Imparcial

Duration of Proceduretest

24 de mai. de 2004 ~ 2 de mai. de 2012

Country Geolocation

Latitude: -19.015438

Longitude: 29.154857

Country Geolocation (linked Decisão da CADHP sobre Comunicação): Zimbabwe

Primary Documents

288_04_gabriel_shumba_v_zimbabwe.pdf
English
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Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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. 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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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

Tratado

Banjul charter

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

Tratado

Banjul charter

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

Tratado

Banjul charter

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

Tratado

147/95-149/96 Sir Dawda K. Jawara v. Gâmbia

Decisão da CADHP sobre Comunicação

219 98 Legal Defence Centre Gambia (The)

Decisão da CADHP sobre Comunicação

147/95-149/96 Sir Dawda K. Jawara v. Gâmbia

Decisão da CADHP sobre Comunicação

Banjul charter

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

Tratado

Banjul charter

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

Tratado

Banjul charter

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

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Banjul charter

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Banjul charter

Tratado

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law.

Tratado

Banjul charter

Tratado

Banjul charter

Article 101.Every individual shall have the right to free association provided that he abides by the law.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

Tratado

Banjul charter

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Banjul charter

Tratado

Banjul charter

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Banjul charter

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Banjul charter

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.

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

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.

Tratado

Banjul charter

Tratado

Rules of Procedure of the African Commission

Rule 118 Seizure of the CourtIf the Commission has taken 1. a decision with respect to a communication submitted under Articles 48, 49 or 55 of the Charter and considers that the State has not complied or is unwilling to comply with its recommendations in respect of the communication within the Part FourRELATIONSHIPS WITH THE AFRICAN COURTPart Four : Relationships With The African Court 44period stated in Rule 112(2), it may submit the communication to the Court pursuant to Article 5 (1) (a) of the Protocol and inform the parties accordingly. 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.The Commission may seize the Court 4. at any stage of the examination of a communication if it deems necessary.Rule 119 Admissibility under Article 6 of the ProtocolWhere, pursuant to Article 6 of 1. the Protocol, the Commission is requested to give its opinion, on the admissibility of a communication pending before the Court or where the Court has transferred a communication to the Commission, it shall consider the admissibility of this matter in accordance with Article 56 of the Charter and Rules 105, 106 and 107 of the present Rules. Upon conclusion of the examination 2. of the admissibility of the communication referred to it under Article 6 of the Protocol, the Commission shall immediately transmit its opinion or its decision on the admissibility to the Cour

Instrumentos Não Vinculativos da CADHP

Rules of Procedure of the African Commission

Rule 120 Representation of the Commission before the CourtWhen the Commission decides to submit a communication to the Court, pursuant to Article 5(1) (a) of the Protocol and Rule 118, it may appoint one or more Commissioners to represent it before the Court. The Commissioner(s) so designated shall be assisted by one or more Legal Officer(s) of the Commission’s Secretariat and/or experts who shall be designated or appointed by the Commission.

Instrumentos Não Vinculativos da CADHP

Rules of Procedure of the African Commission

Rule 116 Interpretation of the Charter by the CommissionIf the Commission is requested to 1. interpret the Charter under Article 45(3), it shall immediately inform the President of the Court.A copy of the interpretation of the 2. Charter by the Commission shall be sent to the President of the Court as soon as it is adopted.Rule 117 Advisory Opinion The Commission may request to be heard by the Court upon being notified by the Court of a request for an Advisory Opinion pursuant to Article 4(1) of the Protocol.

Instrumentos Não Vinculativos da CADHP

Banjul charter

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Banjul charter

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Banjul charter

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,

Tratado

Banjul charter

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Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

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Banjul charter

le 101.Every individual shall have the right to free association provided that he abides by the law.

Tratado

Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

le 101.Every individual shall have the right to free association provided that he abides by the law.

Tratado

Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

101.Every individual shall have the right to free association provided that he abides by the law

Tratado

Banjul charter

101.Every individual shall have the right to free association provided that he abides by the law

Tratado

Banjul charter

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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

Tratado

Banjul charter

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Achpr26 48.90 50.91 52.91 89.93 eng

Decisão da CADHP sobre Comunicação

54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

Decisão da CADHP sobre Comunicação

19. 25 89 47 90 56 91 100 93 Free Legal Assistance Group, Lawyers' Committee for Human Rights, Union Interafricaine des Droits de l'Homme, Les Témoins de Jehovah v. DRC

Decisão da CADHP sobre Comunicação

Banjul charter

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.

Tratado

Banjul charter

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

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Banjul charter

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.

Tratado

Achpr45 279.03 296.05 eng

Decisão da CADHP sobre Comunicação

Banjul charter

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Achpr45 279.03 296.05 eng

Decisão da CADHP sobre Comunicação

Banjul charter

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Banjul charter

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Achpr16 64.92 68.92 78.92 8ar eng

Decisão da CADHP sobre Comunicação

Achpr26 48.90 50.91 52.91 89.93 eng

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Banjul charter

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54 91 61 91 96 93 98 93 164 97 196 97 210 98 Malawi African Association, Amnesty...

Decisão da CADHP sobre Comunicação

Banjul charter

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137/94-139/94-154/96-161/97 International PEN, Constitutional Rights Project, Civil Liberties Organisation and Interights (em nome de Ken Saro-Wiwa Jnr.) v. Nigéria

Decisão da CADHP sobre Comunicação

Achpr17 101 93 eng

Decisão da CADHP sobre Comunicação

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Achpr17 101 93 eng

Decisão da CADHP sobre Comunicação

Banjul charter

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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

Tratado

Banjul charter

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Banjul charter

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Apenas tratados e lei leve100
- Tratado93
- Instrumentos Não Vinculativos da CADHP3
- Decisão da CADHP sobre Comunicação4
Cases Referenced8
- Decisão da CADHP sobre Comunicação8
Country3
- Decisão da CADHP sobre Comunicação2
- Tratado1
No Label1
- Tribunal da CEDEAO1
Geolocation1
- Countries geolocation1

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