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26. The African Commission further took note of the fact that the Complainant intends to meet with the Respondent State and start negotiations with a view to claim compensation for and on behalf of the alleged victims. Holding For this reason, and in accordance with Article 56(5) of the African Charter, the African Commission, Declares this communication inadmissible for non-exhaustion of local remedies. Done at the 35th Ordinary Session held in Banjul, The Gambia from 21st May to 4th June [2004]. 1 Cameroon ratified the African Charter on 20 June 1989. 3

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Complaint1
Procedure1
Law2
Admissibility2
Holding3

258/02 Miss A v. Camarões

Decisão da CADHP sobre Comunicação

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Type of Document

Decisão

Palavras-Chave

Admissibilidade
Agotamento dos Remédios Internos
Corrupção
Cumplicidade no Crime
Direito à Saúde
Direito ao Julgamento Justo
Direito de Ser Ouvido
Liberdade da Pessoa
Prisão e Detenção Arbitrárias

Estado

Camarões

Resultado: Declarado Inadmissível

Data da Decisão: 4 de jun. de 2004

Rights Alleged to be Violated

CADHP 10 :Direito à Liberdade de Associação
CADHP 11 : Direito à Liberdade de Reunião
CADHP 12 : Direito à Liberdade de Movimento
CADHP 2: Liberdade da Discriminação
CADHP 26 : Dever de Garantir a Independência dos Tribunais
CADHP 3: Direito à igualdade perante a lei e proteção igual à lei
CADHP 3.2: Proteção igual da lei
CADHP 5: Punição Cruel Desumana e Desproporcional
CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária
CADHP 7 : Direito ao Julgamento Justo

Direitos Violados

Não indicado

Duration of Proceduretest

21 de ago. de 2002 ~ 4 de jun. de 2004

Country Geolocation

Latitude: 7.369721999999999

Longitude: 12.354722

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

Primary Documents

150. 258_02 Miss A _ Cameroon - PT.pdf
Portuguese
ML TOC
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258_02 Miss A _ Cameroon.pdf
English
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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 2Every individual shall be entitled to the enjoyment of the rights and freedoms recognized and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, color, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or other status. 3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law

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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. 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.

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Banjul charter

Article 26States parties to the present Charter shall have the duty to guarantee the independence of the Courts and shall allow the establishment and improvement of appropriate national institutions entrusted with the promotion and protection of the rights and freedoms guaranteed by the present Charter

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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. 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.

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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.

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Banjul charter

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

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Banjul charter

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Banjul charter

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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

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Banjul charter

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Banjul charter

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Banjul charter

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