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Achpr48 338 07 eng

Decisão da CADHP sobre Comunicação

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Summary of the Complaint1
Articles alleged to have been violated2
Procedure2
The Law on Admissibility3
The Complainant’s Submissions On Admissibility3
The Respondent State’s Submissions On Admissibility5
The African Commission’s Analysis On Admissibility5
The Decision of the African Commission on Admissibility 10

Achpr48 338 07 eng

Decisão da CADHP sobre Comunicação

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Type of Document

Decisão

Palavras-Chave

Danos e Compensação
Desenvolvimento Econômico, Social e Cultural
Direito à Autodeterminação
Direito à Propriedade
Direito à Saúde
Direito a um Ambiente Geral Satisfatório
Direito à Vida
Discriminação
isposições Legais Inadequadas
Proteção da Família e Grupos Vulneráveis
Reparações / Remédios
Tratamento Cruel e Degradante
Violação dos direitos humanos

Case Head Notes: The Complainant alleges that the Respondent State violated the rights of the people of Awori Community, following a pipeline explosion in Abule Egba on 26 December 2006, which resulted in loss of lives, physical and permanent injuries, destruction of properties, environmental degradation, and other human rights violations.

Estado

Nigéria

Resultado: Declarado Inadmissível

Data da Decisão: 24 de nov. de 2010

Rights Alleged to be Violated

CADHP 14: Direito à Propriedade
CADHP 16 : Direito à Saúde
CADHP 2: Liberdade da Discriminação
CADHP 20 : Direito à Autodeterminação
CADHP 24 : Direitos a um Ambiente Satisfatório
CADHP 4: Direito à Vida e à Integridade
CADHP 5: Punição Cruel Desumana e Desproporcional

Direitos Violados

Não indicado

Rights Not Violated

Não indicado

Duration of Proceduretest

14 de fev. de 2007 ~ 24 de nov. de 2010

Country Geolocation

Latitude: 9.081999

Longitude: 8.675277

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

Primary Documents

achpr48_338_07_eng.pdf
English
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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 161. Every individual shall have the right to enjoy the best attainable state of physical and mental health. 2. States parties to the present Charter shall take the necessary measures to protect the health of their people and to ensure that they receive medical attention when they are sick.

Tratado

Banjul charter

Tratado

Banjul charter

4The 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 24All peoples shall have the right to a general satisfactory environment favorable to their development.

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.

Tratado

Banjul charter

Article 201. All peoples shall have the right to existence. They shall have the unquestionable and inalienable right to self- determination. They shall freely determine their political status and shall pursue their economic and social development according to the policy they have freely chosen.2. Colonized or oppressed peoples shall have the right to free themselves from the bonds of domination by resorting to any means recognized by the international community. 3. All peoples shall have the right to the assistance of the States parties to the present Charter in their liberation struggle against foreign domination, be it political, economic or cultural

Tratado

Banjul charter

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.

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

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,

Tratado

Banjul charter

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

Tratado

Banjul 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,

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

.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

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

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

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

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

Tratado

Banjul charter

Tratado

Banjul charter

Tratado

Banjul charter

Article 24All peoples shall have the right to a general satisfactory environment favorable to their development.

Tratado

Banjul charter

Tratado

Banjul charter

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

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

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

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

299/05 Conselho de Justiça de Anuaque v. Etiópia

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

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

Tratado

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- Tratado40
- Decisão da CADHP sobre Comunicação1
Cases Referenced2
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- Tribunal da CEDEAO2
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