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569:15 Digbeejaye Koonjul v The Republic of Mauritius

Decisão da CADHP sobre Comunicação

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Summary of the Complaint2
Articles alleged to have been violated4
Prayers4
Procedure4
Admissibility5
The Complainant's Submissions on Admissibility5
The Respondent State's Submission on Admissibility6
Commission's Analysis on Admissibility9
Commission's Decision on Admissibility14

569:15 Digbeejaye Koonjul v The Republic of Mauritius

Decisão da CADHP sobre Comunicação

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Type of Document

Decisão

Palavras-Chave

Administração da Justiça
Direito à Igualdade perante a Lei
Direito ao Julgamento Justo
Discriminação
Homicídio/Assassinato
Prisão e Detenção Arbitrárias
Tratamento Cruel e Degradante

Estado

Ilha Maurícia

Resultado: Declarado Inadmissível

Data da Decisão: 14 de mai. de 2019

Rights Alleged to be Violated

CADHP 2: Liberdade da Discriminação
CADHP 3: Direito à igualdade perante a lei e proteção igual à lei
CADHP 5: Punição Cruel Desumana e Desproporcional
CADHP 7 : Direito ao Julgamento Justo

Duration of Proceduretest

15 de jun. de 2015 ~ 14 de mai. de 2019

Country Geolocation

Latitude: -20.348404

Longitude: 57.55215200000001

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

Primary Documents

569:15 Digbeejaye Koonjul v The Republic of Mauritius .pdf
English
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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.

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

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Tratado

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

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

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,

Tratado

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Tratado

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Tratado

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with 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,

Tratado

Banjul charter

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

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

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

Tratado

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Tratado

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.

Tratado

Banjul charter

Tratado

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Tratado

Banjul charter

Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity

Tratado

Banjul charter

Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity

Tratado

Banjul charter

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,

Tratado

Banjul charter

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

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

Tratado

Banjul charter

Tratado

Banjul charter

Are not written in disparaging or insulting language directed against the State concerned and its institutions or to the Organization of African Unity

Tratado

Banjul charter

2.Are compatible with the Charter of the Organization of African Unity or with the present Charter,

Tratado

Banjul charter

4.Are not based exclusively on news discriminated through the mass media,

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

Tratado

Banjul charter

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

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

Rules of Procedure of the African Commission

nce 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.

Instrumentos Não Vinculativos da CADHP

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- Countries geolocation1
Apenas tratados e lei leve44
- Tratado43
- Instrumentos Não Vinculativos da CADHP1

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