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Citation
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Judgment date
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| November 2024 |
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Applicants' complaints about judicial treatment of self‑represented litigants found unsubstantiated; no Charter violations.
• Admissibility – exhaustion of local remedies; finality of dismissal of leave to appeal.
• Fair trial – right to be heard and impartial tribunal; domestic rules on representation and legal aid.
• Discrimination – treatment of self‑represented litigants does not automatically amount to unequal treatment.
• Procedural orders – summary dismissal of leave to appeal with stated grounds consistent with lawful practice.
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6 November 2024 |
| October 2024 |
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Court dismissed the applicants' case for lack of personal jurisdiction because the respondent had not deposited an Article 34(6) declaration.
Jurisdiction – Article 34(6) Declaration – Lack of personal jurisdiction where State has not deposited Declaration; Preliminary jurisdictional examination under Rules of Court; New application distinct from previously decided matter; Interim relief not considered where jurisdiction absent.
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16 October 2024 |
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Provisional measures for release and electoral participation dismissed as raising merits issues, not urgent preventive relief.
* Provisional measures – requirements – extreme gravity, urgency and irreparable harm (cumulative standard).
* Jurisdiction – prima facie jurisdiction sufficient for provisional measures where State ratified instruments and deposited Article 34(6) declaration.
* Provisional measures vs merits – relief amounting to suspension or annulment of detention and assessment of electoral impediments constitutes merits and cannot be decided in provisional proceedings.
* Case-by-case approach – prior provisional rulings do not automatically dictate outcome in a distinct factual context.
* Non-compliance with prior provisional order noted but does not convert merits relief into provisional relief.
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3 October 2024 |
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Court ordered a provisional stay on a decree empowering executive dismissal of judges to protect judicial independence.
• Human rights — provisional measures — Article 27(2) Protocol — requirements of extreme gravity, urgency and irreparable harm; • Judicial independence — separation of powers — executive power to dismiss judges; • Interim relief — stay of implementation of law and presidential decree pending merits.
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3 October 2024 |
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Publication request found moot; other provisional measures dismissed as engaging the merits of electoral-law claims.
Provisional measures – standards of extreme gravity, urgency and irreparable harm; provisional measures limited to preventive relief not requiring merits determination; mootness of requests where State action published in Official Gazette; electoral law requirements and candidacy obstacles; requests touching merits dismissed.
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3 October 2024 |
| August 2024 |
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Communication declared inadmissible for failure to exhaust domestic remedies after rescission of a default judgment.
* Admissibility — Article 56 African Charter — identity, compatibility, language, media, exhaustion of local remedies, timeliness.
* Exhaustion of local remedies — rescission of default judgment reopens domestic proceedings; merits remain pending.
* Procedural requirement — communications inadmissible where domestic remedies have not been exhausted.
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2 August 2024 |
| June 2024 |
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Commission finds procedural delays but no Charter violations; applicant’s substantive claims dismissed.
• Admissibility – exhaustion of local remedies – undue prolongation due to judicial and administrative delays.
• Administrative justice – delays in constitution of benches and provision of records can render remedies unduly prolonged.
• Fair trial – bench composition, recusals and procedural delays require concrete prejudice to establish Article 7 breaches.
• Political participation – right to contest public office requires evidence of substantive exclusion, not mere disappointment.
• Torture and ill‑treatment – psychological torture claims require specific, corroborated facts showing severe mental suffering.
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3 June 2024 |
| May 2024 |
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23 May 2024 |
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Blanket exclusion of first‑born daughters from chieftainship is discriminatory and breaches Charter and Maputo Protocol obligations.
Human rights — Gender discrimination — Chieftainship succession — Section 10 of Chieftainship Act — Compatibility and application of Maputo Protocol alongside African Charter — Exhaustion of domestic remedies — Discrimination based on sex and gender — Right to equality, political participation and cultural life.
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3 May 2024 |
| March 2024 |
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State found guilty of torture, arbitrary detention and denial of fair‑trial rights; ordered investigation, reparations and safeguards.
* Admissibility – exhaustion of local remedies – practical unavailability due to severe injury, fear and financial incapacity.
* Torture and ill‑treatment – Article 5 – acts meeting UNCAT/Commission threshold (physical and psychological torture).
* Arbitrary arrest and detention – Article 6 – prolonged incommunicado detention without charge or prompt judicial review.
* Fair trial rights – Article 7 – right of access to counsel, habeas corpus and prompt appearance before judicial authority.
* State obligations – Article 1 – duty to investigate, prosecute, provide reparations and prevent repetition; remedies ordered (investigation, prosecution, compensation, apology, safeguards, training).
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8 March 2024 |
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Respondent failed due diligence: ineffective investigation, unlawful detention, and discriminatory treatment of a trafficking victim.
• Human rights – Trafficking in persons – State due‑diligence to prevent, investigate and prosecute private perpetrators – effective investigation standards.
• Cruel, inhuman or degrading treatment – Article 5 African Charter – sexual violence and trafficking.
• Discrimination – Articles 2 and 18(3) African Charter and Article 2 Maputo Protocol – substantive equality and multiple discrimination (sex, age, nationality).
• Admissibility – Article 56 exhaustion exception where domestic remedies ineffective; timeliness and victim capacity considerations.
• Remedies – obligation to investigate/prosecute, legislative reform, reparations and domestic quantum determination.
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8 March 2024 |
| May 2023 |
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Application alleging arbitrary arrest and rendition declared inadmissible for failure to exhaust local remedies and timely appeal.
Admissibility — Article 56 requirements; exhaustion of local remedies; undue prolongation; timeliness; non‑media evidence; non‑bis in idem; state non‑response to requests for observations.
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23 May 2023 |
| November 2022 |
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State violated rights through arbitrary incommunicado detention, ill‑treatment, unfair trial and suppression of expression and association.
Admissibility — Article 56(2),(5),(7): compatibility, exhaustion of domestic remedies and settlement by other procedures; National Security legislation and NISS/GIS immunity; Incommunicado detention and detention conditions amounting to torture (Article 5); Arbitrary arrest and deprivation of liberty (Article 6); Right to counsel and fair trial violations before Special Anti‑Terrorism Courts (Article 7); Restrictions on freedom of expression and association (Articles 9,10); State positive obligations to investigate and provide reparations (Article 1); Remedies and law reform.
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9 November 2022 |
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Complainant’s failure to file admissibility submissions led the Commission to strike out the communication for want of diligent prosecution.
Procedure – Diligent prosecution – Failure to file admissibility submissions under Rule 105(1) and to seek extension under Rule 113 – Striking out communication; Provisional measures granted; Alleged violations of Articles 5, 6, 7, 11 and 12 (deportation, detention, fair trial, asylum).
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9 November 2022 |
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9 November 2022 |
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State's failure to execute ministerial and judicial orders violated property, equality and fair‑trial rights.
African Charter – Property rights – Failure to execute administrative and judicial decisions – Non‑execution as violation of right to property and effective judicial protection – Non‑discrimination and equality before the law – Exhaustion of domestic remedies and timeliness – Remedies: restitution, compensation, reporting.
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9 November 2022 |
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Communication alleging imminent evictions struck out for want of diligent prosecution after failure to file admissibility submissions.
Administrative law – Procedural compliance – Rule 105(1) (two‑month admissibility submissions) and Rule 113 (extensions); failure to prosecute; striking out communications for want of diligent prosecution; admissibility assessment; interaction with parallel proceedings.
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9 November 2022 |
| August 2022 |
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La Commission déclare recevable la plainte et condamne le Burundi pour violations graves de la Charte, ordonnant enquêtes et réparations.
Droits de l'homme – Recours internes – exception pour prolongement anormal, inefficacité ou danger; Droit à la vie – enquête diligente; Torture et dignité; Liberté et sécurité; Accès à la justice et indépendance judiciaire; Liberté d'expression; Protection de la famille; Réparations et mesures contre l'impunité.
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2 August 2022 |
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Respondent State violated multiple Charter rights by torture (gang‑rape), failing to investigate, and forcing the applicant into exile.
Human rights – Torture and sexual violence – Gang‑rape in custody constituting torture – State’s duty to investigate, prosecute and provide remedies – Exhaustion of domestic remedies rendered ineffective by threats and intimidation – Gender‑based discrimination – Violations of rights to liberty, expression, association, assembly, and movement – Remedies: compensation, investigation, institutional reform, safeguards and training.
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2 August 2022 |
| May 2022 |
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Respondent State violated rights to life, freedom from torture and fair trial; anti‑terrorism procedures and delays rendered remedies ineffective.
• Admissibility — exhaustion of local remedies — undue delay and discretionary presidential pardon exempted from exhaustion. • Criminal procedure — anti‑terrorism courts, restricted defence rights, coerced confessions and defective appeals — breach of fair trial (Article 7). • Right to life — death sentences imposed after unfair trials constitute arbitrary deprivation of life (Article 4). • Torture and ill‑treatment — incommunicado detention, denial of medical care and physical/psychological abuse violate Article 5; state duty to investigate. • Application of international humanitarian law — NIAC context used as reference for detention and treatment standards.
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13 May 2022 |
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Eviction of indigenous Batwa without consultation, resettlement or compensation violated multiple African Charter rights.
Indigenous peoples – eviction from ancestral lands – admissibility where domestic remedies unavailable or unduly prolonged – violations of Articles 1, 2, 4, 8, 14, 16, 17, 21, 22, 24 – restitution, compensation, demarcation, recognition and non‑repetition measures ordered.
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13 May 2022 |
| March 2022 |
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Communication struck out for want of diligent prosecution after complainants failed to submit admissibility materials.
Admissibility — Diligent prosecution — Failure to submit admissibility arguments — Rule 105(1) (two‑month deadline) — Rule 113 (extensions) — Strike out of Communication for want of diligent prosecution — African Commission procedure.
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9 March 2022 |
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The Commission struck out a death-penalty communication for failure to prosecute and meet filing deadlines.
Procedure – Communications – Failure to prosecute – Application of Rules 108(1) and 113 of the Commission’s Rules of Procedure; Provisional measures and admissibility do not preclude striking out where complainant fails to submit merits; Precedent for striking out Communications for want of diligent prosecution.
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9 March 2022 |
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Communication alleging arrest, torture and privacy breaches struck out for want of diligent prosecution.
* Procedure – Admissibility – Rule 105(1) and Rule 113 of the Commission's Rules of Procedure – obligation to file admissibility evidence and arguments within two months and ability to seek extensions.
* Procedure – Diligent prosecution – prolonged inaction by Complainant justifies striking out communication.
* Substantive allegations noted but not determined – arbitrary arrest, torture and other cruel, inhuman or degrading treatment, unlawful surveillance and restrictions on movement (Articles 5, 6 and 9 African Charter).
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9 March 2022 |
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Communication inadmissible for unreasonable delay under Article 56(6); criticisms of institutions not per se "outrageant/insultant".
Admissibility — Article 56 African Charter — reasonable time (Article 56(6)) — six‑month benchmark (Majuru precedent) — exceptions for compelling reasons — Article 56(3) prohibition on "outrageant/insultant" language balanced against freedom of expression.
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9 March 2022 |
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Commission granted a State’s withdrawal of an interstate communication at the merits stage and closed the matter under Rule 124.
* Human rights procedure – Withdrawal of interstate communication – Whether a complainant State may withdraw at merits stage – Application of Rule 124 of the Rules of Procedure (2020). * Commission procedure – admissibility, amicable settlement offers, exchange of pleadings, and closure of communications.
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9 March 2022 |
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Procedural denial of hearing by an electoral court violated rights to a fair hearing (Article 7(1)) and to political participation (Article 13(1)).
Administrative justice; electoral law – procedural fairness and audi alteram partem – annulment of candidacy without notice or hearing; right to political participation – restrictions on standing for election; exhaustion of local remedies where special electoral chamber is final; Commission may decide merits in absence of State submissions.
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9 March 2022 |
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Communication alleging Articles 7 and 12 violations struck out for failure to prosecute and comply with procedure.
* Procedure – Admissibility – Requirement to submit evidence and arguments within two months (Rule 105(1)) – Extension of time (Rule 113).
* Procedure – Diligent prosecution – Failure to respond to Commission’s admissibility request – Strike out.
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9 March 2022 |
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The Commission granted the applicant's request to withdraw a communication alleging systemic human-rights violations and closed the case.
* Human rights communications – Withdrawal – Whether a communication may be withdrawn by the complainant and closed by the Commission.
* Admissibility/diligent prosecution – Failure to respond to Commission requests may lead to striking out proceedings.
* Allegations of systemic violations – Use of special/terrorism courts, mass trials, death sentences and official statements raising potential breaches of the African Charter.
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9 March 2022 |
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5 March 2022 |
| December 2021 |
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3 December 2021 |
| October 2021 |
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20 October 2021 |
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20 October 2021 |
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20 October 2021 |
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14 October 2021 |
| July 2021 |
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19 July 2021 |
| April 2021 |
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26 April 2021 |
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17 April 2021 |
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16 April 2021 |
| September 2020 |
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9 September 2020 |
| August 2020 |
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17 August 2020 |
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17 August 2020 |
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17 August 2020 |
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16 August 2020 |
| November 2018 |
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15 November 2018 |
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13 November 2018 |
| October 2018 |
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18 October 2018 |
The Complainant alleges that the Respondent State has violated Articles l, 2, 3, 4, 5, 6, 7, 8, 14, 15, 17, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
18 October 2018 |
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18 October 2018 |
The Complainants allege violation of Articles l, 2, 3, 4, 5, 19, 60 and 61 of the African Charter on Human and Peoples' Rights. |
18 October 2018 |