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275 03 Article 19 v Eritrea

Decisão da CADHP sobre Comunicação

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Summary of Facts1
Complaint2
Procedure2
Law4
Admissibility4
Issues before the African Commission5
Submissions by the Complainant5
Submissions by the State5
Decision of the African Commission on admissibility6
Decision on the Merits10
Holding13
Footnotes13

275 03 Article 19 v Eritrea

Decisão da CADHP sobre Comunicação

Preview

Type of Document

Decisão

Palavras-Chave

Administração da Justiça
Admissibilidade
Competência do Tribunal
Diligência Devida
Direito à Igualdade perante a Lei
Direito à Informação
Direito ao Julgamento Justo
Direito ao Trabalho
Direito de Ser Ouvido
Eleições / Referendo
Independência Judicial
Instalações / Condições de Detenção
Leis domésticas
Liberdade da Pessoa
Liberdade de Associação
Liberdade de Expressão / Direitos Digitais
Liberdade de Opinião
Participação no Governo
Prisão e Detenção Arbitrárias
Proteção da Família e Grupos Vulneráveis
Reparações / Remédios
Segurança Interna do Estado
Tortura e Mal Tratamento
Tratamento Cruel e Degradante
Violação dos direitos humanos

Estado

Eritréia

Resultado: Decidiu sobre os Méritos

Data da Decisão: 7 de dez. de 2004

Rights Alleged to be Violated

CADHP 9 : Direito à Informação e Liberdade de Expressão
CADHP 13 : Direito à Participação na Vida Pública
CADHP 18 : Proteção da Família e Grupos Vulneráveis
CADHP 26 : Dever de Garantir a Independência dos Tribunais
CADHP 3: Direito à igualdade perante a lei e proteção igual à 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
CADHP1 - Obrigações dos Estados Partes

Direitos Violados

CADHP 9 : Direito à Informação e Liberdade de Expressão
CADHP 18 : Proteção da Família e Grupos Vulneráveis
CADHP 5: Punição Cruel Desumana e Desproporcional
CADHP 6 : Direito à Liberdade Pessoal e Proteção contra Detenção Arbitrária
CADHP 7.1 : Direito de Ser Ouvido
CADHP1 - Obrigações dos Estados Partes

Rights Not Violated

CADHP 13 : Direito à Participação na Vida Pública
CADHP 26 : Dever de Garantir a Independência dos Tribunais
CADHP 3: Direito à igualdade perante a lei e proteção igual à lei
Não indicado

Duration of Proceduretest

14 de abr. de 2003 ~ 7 de dez. de 2004

Country Geolocation

Latitude: 15.179384

Longitude: 39.782334

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

Primary Documents

275-03 - Article 19 v Eritrea.pdf
English
ML TOC
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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.

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

rticle 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.

Tratado

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.

Tratado

Banjul charter

The 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.

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

rticle 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs

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

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

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

Com 302.05 eng

Article 19 v. Eritreapara 46.

Decisão da CADHP sobre Comunicação

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

Decisão da CADHP sobre Comunicação

002/2015 - Instituto para os Direitos Humanos e o Desenvolvimento em África e a Iniciativa do Grupo Finders em nome do TFA (um menor) c Camarões

(I) the existence of domestic procedures for dealing with the claim; (ii) the domestic justiciability of the subject-matter of the complaint; (iii) the existence under the municipal legal order of provisions for redress of the type of wrong being complained of; and (iv) available effective local remedies, that is, remedies sufficient or capable of redressing the wrong complained of.

Decisão do CAEDBC sobre Comunicação

Banjul charter

Tratado

002/2015 - Instituto para os Direitos Humanos e o Desenvolvimento em África e a Iniciativa do Grupo Finders em nome do TFA (um menor) c Camarões

Article19 v. Eritrea (2007) AHRLR 73 (ACHPR 2007), Communication No 275/2003, May 2007, Para. 47

Decisão do CAEDBC sobre Comunicação

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Com 302.05 eng

Article 19 v. Eritrea(2007) AHRLR 73 (ACHPR 2007) para. 64

Decisão da CADHP sobre Comunicação

Achpreos11 351 07 eng

Communication 275/2003, Article 19 v The State of Eritrea(2007), para 65

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

47 90 Lawyers Committee for Human Rights Zaire

Decisão da CADHP sobre Comunicação

Free Legal Assistance Group and Others v Zaire

Decisão da CADHP sobre Comunicação

Achuthan e Outro (em nome de Banda e Outros) c. Malawi

Decisão da CADHP sobre Comunicação

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication 275/03

Decisão da CADHP sobre Comunicação

379 09 Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v...

para 72

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

icle 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

379 09 Monim Elgak, Osman Hummeida and Amir Suliman (represented by FIDH and OMCT) v...

para 77

Decisão da CADHP sobre Comunicação

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication 275/2003

Decisão da CADHP sobre Comunicação

74/92 Comissão Nacional de Direitos Humanos e Liberdades v. Chade

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

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

102/93 Projeto de Direitos Constitucionais v. Nigéria

Decisão da CADHP sobre Comunicação

368 09 Abdel Hadi, Ali Radi & Others v Republic of Sudan

Communication 275/2003

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

102/93 Projeto de Direitos Constitucionais v. Nigéria

Decisão da CADHP sobre Comunicação

103/93 : Alhassan Abubakar v. Gana

Decisão da CADHP sobre Comunicação

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Article 181. The family shall be the natural unit and basis of society. It shall be protected by the State which shall take care of its physical health and moral. 2. The State shall have the duty to assist the family which is the custodian or morals and traditional values recognized by the community. 3. The State shall ensure the elimination of every discrimination against women and also ensure the protection of the rights of the woman and the child as stipulated in international declarations and conventions. 4. The aged and the disabled shall also have the right to special measures of protection in keeping with their physical or moral needs.

Tratado

Banjul charter

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Tratado

Banjul charter

rticle 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

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. 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.

Tratado

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.

Tratado

Banjul charter

Tratado

Banjul charter

Article 91.Every individual shall have the right to receive information. 2.Every individual shall have the right to express and disseminate his opinions within the law.

Tratado

Banjul charter

Tratado

Apenas tratados e lei leve53
- Tratado53
Cases Referenced8
- Decisão da CADHP sobre Comunicação8
No Label36
- Decisão da CADHP sobre Comunicação34
- Decisão do CAEDBC sobre Comunicação2
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- Countries geolocation1

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