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1 Dec 2011

Administrative Law [2011] EACJ 12

Omar and Others v A.G. Republic of Kenya and Others (Application 4 of 2011)

Omar and Others v A.G. Republic of Kenya and Others (Application 4 of 2011) [2011] EACJ 12 (1 December 2011) (First Instance Division)

Court: East African Court of Justice
Case number: Application 4 of 2011
Judge: Busingye PJ, Butasi J, Mkwawa J

The Court found that the acts complained of, specifically unlawful detention and related infringements, are not isolated events but constitute a continuous chain of violations. Detention, by its nature, is a continuing deprivation of liberty, and each day of continued detention represents a fresh violation. The Court interpreted Article 30(2) of the Treaty in light of its object and purpose, concluding that it was not intended to deny victims the right to challenge ongoing Treaty infringements simply because more than two months have elapsed since the violations began. The precedent in Indepe…

Source excerpt

Treaty Interpretation
Limitation Periods
Continuing Violation
Unlawful Detention

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3 Mar 2011

Public International Law [2011] ACHPR 93

Zitha and Another v Republic of Mozambique (Communication 361 of 2008)

Zitha and Another v Republic of Mozambique (Communication 361 of 2008) [2011] ACHPR 93 (3 March 2011)

Court: African Commission on Human and Peoples Rights
Case number: Communication 361 of 2008

The African Commission determined that enforced disappearance is a continuing violation, thus establishing its competence ratione temporis to consider the communication. However, the Commission found that the applicants did not sufficiently attempt to exhaust available judicial remedies in Mozambique, as required by Article 56(5) of the African Charter. The measures taken by the second victim, such as contacting political figures and international organizations, did not constitute judicial or institutionalized administrative remedies. Furthermore, the Commission held that the communication wa…