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1 Reparations for injuries suffered in the service of the United Nations. Advisory Opinion, I.C.J. Reports. 1949, p 179 9

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The Subject Matter of the Application1
The Procedure2
The Position of the Parties3
The Position of the Applicant3
The Position of the Respondent5
The Jurisdiction of the Court6

001 11 Femi Falana v. The African Union

Decisão do Tribunal Africano

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Tipo de Documento

Acórdão

Palavras-Chave

Administração da Justiça
Direito ao Julgamento Justo
Discriminação
Jurisdição
Participação no Governo
Procedimento do Tribunal Africano

Estado

Órgão da União Africana

Resultado

Declarado Inadmissível

Data da Decisão: 26 de jun. de 2012

Direitos Alegados a Serem Violados

CADHP 13 : Direito à Participação na Vida Pública
CADHP 2: Liberdade da Discriminação
CADHP 26 : Dever de Garantir a Independência dos Tribunais
CADHP 7 : Direito ao Julgamento Justo
CADHP1 - Obrigações dos Estados Partes

Direitos Violados

Não indicado

Duração do Procedimento: 14 de fev. de 2011 ~ 26 de jun. de 2012

Primary Documents

001_11 Femi Falana v. The African Union.pdf
English
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Achpr instr proto court eng

Article 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.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.

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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 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 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.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.

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Banjul charter

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.

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Banjul charter

Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.

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Rules of Court {African Court on Human and People's Rights}

Rule 35Transmission of Applications1. Upon the receipt of an application filed in accordance with article 5(1)and (3) of the Protocol, the Registrar shall transmit a copy thereof togetherwith any annexes, to the President and other Members of the Court.2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;b) State Party whose citizen is a victim of the alleged violation;c) State Party against which an application has been filed at theCommission;d)Commission;e) Individual or legal entity or the Non-Governmental Organization thathas filed an application at the Commission by virtue of article 55 ofthe Charter.3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;4. In forwarding applications as stipulated in sub-rules 2 and 3 of this Rule,the Registrar shall invite:a) the Respondent State Party to indicate, within thirty (30) days ofreceipt of the application, the names and addresses of itsrepresentatives; 25b) any other State Party that may wish to intervene in the proceedingsunder article 5(2) of the Protocol, to inform the Registrar accordingly,within the time stipulated in Rule 53;c) if applicable, the Commission to forward to the Registrar, within thirty(30) days the names and addresses of its representatives;

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Rules of Court {African Court on Human and People's Rights}

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Rules of Court {African Court on Human and People's Rights}

3 23Rule 34Commencement of Proceedings1. The Applicant shall file in the Court Registry, one (1) copy of theapplication containing a summary of the facts of the case andof theevidence intended to be adduced.The said application shall be signed by the Applicant or by his/herrepresentative.The Registrar shall acknowledge receipt of the application.2. Any application addressed to the Court shall give clear particulars of theApplicant and of the party or parties against whom such application hasbeen brought. The application shall also contain the names and addressesof the persons designated as the Applicant’s representatives.3. The application shall be written in one of the official languages of theCourt, and the original forwarded to the Court Registry.4. The application shall specify the alleged violation, evidence of exhaustionof local remedies or of the inordinate delay of such local remedies as well asthe orders or the injunctions sought. All applications filed by individualsand Non-Governmental Organizations shall meet the other admissibilityconditions as set out in article 56 of the Charter and Rule 40 of these Rules.5. Any Applicant who on his/her own behalf or on behalf of the victimwishes to be granted reparation pursuant to article 27(1) of the Protocol shallinclude the request for the reparation in the application in accordance withsub-rule 4 above. The amount of the reparation and the evidence relatingthereto may be submitted subsequently within the time limit set by theCourt.6. The Registrar shall effect service of the application on the other party byregistered post together with a request to acknowledge receipt. 24Rule 35Transmission of Applications1. Upon the receipt of an application filed in accordance with article 5(1)and (3) of the Protocol, the Registrar shall transmit a copy thereof togetherwith any annexes, to the President and other Members of the Court.2. Unless otherwise decided by the Court, the Registrar shall forward copiesof the application where applicable to the:a) State Party against which the application has been filed, inaccordance with Rule 34 (6) of these Rules;b) State Party whose citizen is a victim of the alleged violation;c) State Party against which an application has been filed at theCommission;d)Commission;e) Individual or legal entity or the Non-Governmental Organization thathas filed an application at the Commission by virtue of article 55 ofthe Charter.3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;

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Rules of Court {African Court on Human and People's Rights}

Rule 47Questions Put During Hearings1. The Presiding Judge, or any Judge, may put questions to therepresentatives of the parties, and if applicable, the representative of theCommission, the witnesses, experts, and other persons appearing before theCourt. 302. The witnesses, experts and other persons who appear before the Courtmay be examined by the representatives of the parties, and if applicable bythe representatives of the Commission. The persons referred to in thisparagraph may be subjected to cross-examination, followed by a re-examination.

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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.

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Banjul charter

Article 271. Every individual shall have duties towards his family and society, the State and other legally recognized communities and the international community. 2. The rights and freedoms of each individual shall be exercised with due regard to the rights of others, collective security, morality and common interest.

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Banjul charter

Article 29The individual shall also have the duty: 1.To preserve the harmonious development of the family and to work for the cohesion and respect of the family; to respect his parents at all times, to maintain them in case of need; 2. To serve his national community by placing his physical and intellectual abilities at its service; 93. Not to compromise the security of the State whose national or resident he is; 4. To preserve and strengthen social and national solidarity, particularly when the latter is threatened; 5. To preserve and strengthen the national independence and the territorial integrity of his country and to contribute to its defense in accordance with the law; 6. To work to the best of his abilities and competence, and to pay taxes imposed by law in the interest of the society; 7. To preserve and strengthen positive African cultural values in his relations with other members of the society, in the spirit of tolerance, dialogue and consultation and, in general, to contribute to the promotion of the moral well being of society; 8. To contribute to the best of his abilities, at all times and at all levels, to the promotion and achievement of African unity

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Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter

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Banjul charter

Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter

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Banjul charter

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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.

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Banjul charter

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Banjul charter

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Banjul charter

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Banjul charter

Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter

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Banjul charter

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Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.

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Banjul charter

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Banjul charter

Article 631.The present Charter shall be open to signature, ratification or adherence of the member states of the Organization of African Unity.2.The instruments of ratification or adherence to the present Charter shall be deposited with the Secretary General of the Organization of African Unity.3.The present Charter shall come into force three months after the reception by the Secretary General of the instruments of ratification or adherence of a simple majority of the member states of the Organization of African Unity.

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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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Rules of Court {African Court on Human and People's Rights}

3 25b) any other State Party that may wish to intervene in the proceedingsunder article 5(2) of the Protocol, to inform the Registrar accordingly,within the time stipulated in Rule 53;c) if applicable, the Commission to forward to the Registrar, within thirty(30) days the names and addresses of its representatives;Rule 36Registration and Transmission of Pleadings1. All pleadings received by the Registrar shall be registered and a copythereof transmitted to the other party.2. The Registrar shall acknowledge receipt of all such pleadings.Rule 37Time Limit for ReplyThe State Party against which an application has been filed shall respondthereto within sixty (60) days provided that the Court may, if the needarises, grant an extension of time.Rule 38Dismissal of Application without MeritWhenever the Court finds that there is no merit in an application, it shalldismiss such application giving reasons for its decision, and may not haveto summon the parties to the hearing, provided its decision and the reasonsthereof are communicated to all the parties. 26Rule 39Preliminary Examination of the Competence of the Court and ofAdmissibility of Applications1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.2. Pursuant to sub-rule 1 of this Rule, the Court may request the parties tosubmit any factual information, documents or other material considered bythe Court to be relevant.Rule 40Conditions for Admissibility of ApplicationsPursuant to the provisions of article 56 of the Charter to which article 6(2) ofthe Protocol refers, applications to the Court shall comply with the followingconditions:1. disclose the identity of the Applicant notwithstanding the latter’srequest for anonymity;2. comply with the Constitutive Act of the Union and the Charter ;3. not contain any disparaging or insulting language;4. not be based exclusively on news disseminated through the massmedia;5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;

Rules of Procedure

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Article 6 ADMISSIBILITY OF CASES1. The Court, when deciding on the admissibility of a case instituted under article 5 (3) of this Protocol, may request the opinion of the Commission which shall give it as soon as possible.2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.

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Article 66Special protocols or agreements may, if necessary, supplement the provisions of the present Charter.

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Banjul charter

Article 66Special protocols or agreements may, if necessary, supplement 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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Banjul charter

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Rules of Court {African Court on Human and People's Rights}

Rule 39Preliminary Examination of the Competence of the Court and ofAdmissibility of Applications1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.2. Pursuant to sub-rule 1 of this Rule, the Court may request the parties tosubmit any factual information, documents or other material considered bythe Court to be relevant.

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Rules of Court {African Court on Human and People's Rights}

Rule 52Preliminary Objections1. Any party served with the application may raise preliminary objections toany part or parts thereof.2. Preliminary objections shall be raised at the latest before the date fixed bythe Court for the filing of the first set of pleadings to be submitted by theparty who intends to raise the objections.3. The submission of preliminary objections shall not cause the proceedingson the substantive case to be suspended unless the Court so decides. In anycase, the Court shall rule on the objections or incorporate its ruling in itsdecision on the substantive case.4. Every preliminary objection shall set out the facts and the law on whichthe objection is based as well as the submissions and a list of the documentsin support, if any; it shall also specify any evidence which the party intendsto produce. Certified copies of all supporting documents shall be attached.5. Where a party raises a preliminary objection, the Court shall invite theother party to submit, its written observations in reply before ruling on thepreliminary objection, the Court may decide to invite the parties to submitfurther observations in writing.6. Before deciding on the preliminary objection, the Court may, on therequest of a party, or of its own accord, decide to hold a hearing if it deems itnecessary. 337. The Court shall give reasons for its ruling on the preliminary objection.

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Rules of Court {African Court on Human and People's Rights}

Rule 26Jurisdiction1. Pursuant to the Protocol, the Court shall have jurisdiction:a) to deal with all cases and all disputes submitted to it concerninginterpretation and application of the Charter, the Protocol and any otherrelevant human rights instrument ratified by the States concerned;b) to render an advisory opinion on any legal matter relating to the Charteror any other relevant human rights instruments, provided that the subjectof the opinion is not related to a matter being examined by the Commission;c) to promote amicable settlement in cases pending before it in accordancewith the provisions of the Charter;d) to interpret a judgment rendered by itself; ande) to review its own judgment in light of new evidence in conformity withRule 67 of these Rules.2. In the event of a dispute as to whether the Court has jurisdiction, theCourt shall decide.

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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.

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rticle 34 RATIFICATION1. This Protocol shall be open for signature and ratification or accession by any State Party to the Charter.2. The instrument of ratification or accession to the present Protocol shall be deposited with the Secretary-General of the OAU.3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.4. For any State Party ratifying or acceding subsequently, the present Protocol shall come into force in respect of that State on the date of the deposit of its instrument of ratification or accession.5. The Secretary-General of the OAU shall inform all Member States of the entry into force of the present Protocol.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.

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Banjul charter

Article 631.The present Charter shall be open to signature, ratification or adherence of the member states of the Organization of African Unity.

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Rules of Court {African Court on Human and People's Rights}

Rule 60Court’s Deliberations1. The deliberations of the Court shall be heldin cameraand shall remainconfidential.2. Only Judges who were Members of the Panel that heard the case shallparticipate in the deliberations of the Court.3. The decision of the Court shall be made by a majority of the Members ofthePanel present.4. In the event of a tied vote, the Presiding Judge shall have a casting vote.5. Any Member of the Court who heard the case may deliver a separate ordissenting opinion.

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Article 28 JUDGMENT1. The Court shall render its judgment within ninety (90) days of having completed its deliberations.2. The judgment of the Court decided by majority shall be final and not subject to appeal.3. Without prejudice to sub-article 2 above, the Court may review its decision in the light of new evidence under conditions to be set out in the Rules of Procedure.4. The Court may interpret its own decision.5. The judgment of the Court shall be read in open court, due notice having been given to the parties.6. Reasons shall be given for the judgment of the Court.7. If the judgment of the court does not represent, in whole or in part, the unanimous decision of the judges, any judge shall beentitled to deliver a separate or dissenting opinion.

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- Decisão do Tribunal Africano2
- Decisão da CADHP sobre Comunicação1

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