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.
Nyikadzino v Zimbabwe (Communication 340 of 2007) [2014] ACHPR 3 (4 June 2014)
Court
African Commission on Human and Peoples Rights
Case number
Communication 340 of 2007
The African Commission found that the applicant established a prima facie case of Charter violations, satisfying Article 56(2). However, the Commission held that the applicant, or his representative, could have pursued local remedies in Zimbabwe, as national laws permit representation by legal practitioners even in the applicant's absence. The applicant's fear of persecution did not suffice to waive the exhaustion requirement because the Zimbabwe Human Rights NGO Forum, as a domestic NGO, could have initiated proceedings on his behalf. Allegations regarding judicial independence and non-enfor…
AFTRADEMOP and Another v Cameroon (Communication 336 of 2007) [2013] ACHPR 119 (18 October 2013)
Court
African Commission on Human and Peoples Rights
Case number
Communication 336 of 2007
The Commission found that the Complainants failed to submit any observations or correspondence on the merits of the Communication within the prescribed deadlines, despite repeated reminders and extensions. Rule 108(1) of the Commission's Rules of Procedure mandates that Complainants must submit their observations on the merits within sixty days of a Communication being declared admissible. The Complainants' persistent inaction and lack of response constituted a lack of diligent prosecution. The Commission, therefore, determined that the Communication should be struck out for want of prosecuti…
Anuak Justice Council v Ethiopia (Communication 299 of 2005) [2006] ACHPR 69 (25 May 2006)
Court
African Commission on Human and Peoples Rights
Case number
Communication 299 of 2005
The African Commission found that the applicant did not exhaust local remedies as required by Article 56(5) of the African Charter. The Commission determined that the applicant's apprehensions regarding the independence and effectiveness of the Ethiopian judiciary were not substantiated by concrete evidence, and mere doubts or past incidents do not suffice to dispense with the exhaustion requirement. The respondent State demonstrated that cases related to the Gambella incident were pending before domestic courts, and the applicant did not attempt to pursue these remedies or show that they wer…
Aminu v Nigeria (Communication 205 of 1997) [2000] ACHPR 15 (11 May 2000)
Court
African Commission on Human and Peoples Rights
Case number
Communication 205 of 1997
The Commission found that the repeated arbitrary arrest and detention of the complainant's client, without charge or access to judicial redress due to Decree No. 2 of 1984, constituted violations of the right to liberty and security of person under Article 6 of the African Charter. The client's forced hiding due to threats from security agents amounted to a violation of the right to life and dignity under Article 4, as the Charter protects individuals from living in constant fear. The lack of judicial protection deprived the client of equal protection of the law under Article 3(2). The target…
Egyptian Organisation For Human Rights v Egypt (Communication 201 of 1997) [2000] ACHPR 16 (11 May 2000)
Court
African Commission on Human and Peoples Rights
Case number
Communication 201 of 1997
The African Commission found this communication inadmissible because the applicant had not shown exhaustion of local remedies under Article 56(5) of the Charter.