The African Court granted provisional measures in favor of three Malian applicants, ordering suspension of their detention so they could receive specialised medical care.
The Court found that it had prima facie jurisdiction to entertain the request for provisional measures, as the alleged violations concerned rights protected by instruments ratified by the Respondent States and the relevant Declarations were still effective for the purposes of this Application. However, the requests relating to the 2021 presidential election were declared moot because the election had already taken place. The Court held that it could not order provisional measures against the Executive Council, as it is not a party to the proceedings nor a State Party to the Protocol. The requ…
Lado James Paul, Ayume Dada and Others v Republic of South Sudan (Communication 736 of 2020) [2021] ACHPR 519 (3 December 2021)
Court
African Commission on Human and Peoples Rights
Case number
Communication 736 of 2020
The African Commission granted a complainant’s request to withdraw Communication 736/20 and closed the file, without determining the merits of the detention and fair trial allegations.
Mr. Mohammed Abdel Hay Faramawy and 2 Ors (Represented by Dr. Abdel Hay Faramawy and 4 Ors) v Arab Republic of Egypt (Communication 637 of 2016; Communication 639 of 2016) [2020] ACHPR 4 (17 August 2020)
Court
African Commission on Human and Peoples Rights
Case number
Communication 637 of 2016 ; Communication 639 of 2016
The African Commission struck out two joined communications against Egypt for want of diligent prosecution after complainants missed admissibility deadlines.
Mahok v Attorney General of the Republic of South Sudan (Application 20 of 2018) [2019] EACJ 30 (5 December 2019) (First Instance Division)
Court
East African Court of Justice
Case number
Application 20 of 2018
Judge
Jundu JA, Mugenyi PJ, Ngiye JA, Ntezilyayo DPJ, Nyachae JA
The Court found that the Reference was not time-barred, as the impugned acts—failure to release the subject as required by the Revitalized Agreement and Republican Order, and the closure of bank accounts—occurred within two months of the filing. The Court held that the Applicant raised serious triable issues regarding alleged violations of constitutional and Treaty rights, including arbitrary detention and asset freezing. However, the Court determined that the Applicant failed to demonstrate irreparable injury that could not be compensated by damages, particularly as the loss from business cl…
Penessis v Tanzania (Application No. 013/2015) [2019] AfCHPR 50 (28 November 2019)
Court
African Court on Human and Peoples Rights
Case number
Application No. 013/2015
Judge
Ben Achour J, Bensaoula J, Chizumila J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Niyungeko J, Orè P
The Court held that Robert John Penessis was Tanzanian by birth, found violations of nationality, liberty and movement rights, and ordered release and compensation.
The African Court dismissed Jean de Dieu Ndajigimana’s request for provisional measures as moot after confirming that he had already been released to Rwanda.
The African Court found Tanzania violated Mallya’s rights to appeal, to be tried within a reasonable time, and to liberty after delaying access to case records.
The African Court declined provisional measures in Thomas Boni Yayi v Republic of Benin, finding prima facie jurisdiction but no extreme gravity or irreparable harm.
Kwoyelo v Uganda (Communication 431 of 2012) [2018] ACHPR 129 (17 October 2018)
Court
African Commission on Human and Peoples Rights
Case number
Communication 431 of 2012
The African Commission found Uganda discriminated against Thomas Kwoyelo in applying its Amnesty Act and violated his fair-trial rights through an unexplained stay order and delay.