African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.
7. Declarations made under sub-article (6) above shall be deposited with the Secretary-General, who shall transmit copies thereof to the State parties.
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
Rules of Court (African Court on Human and People's Rights)
3. The Registrar shall also inform the Chairperson of the African UnionCommission and through him/her, the Executive Council of the AfricanUnion, and all the other States Parties to the Protocol, of the filing of theapplication;
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
African Charter on Human and Peoples' Rights (Banjul Charter)
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
African Charter on Human and Peoples' Rights (Banjul Charter)
Rules of Court (African Court on Human and People's Rights)
6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and
Rules of Court (African Court on Human and People's Rights)
5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;
African Charter on Human and Peoples' Rights (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.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.
Rules of Court (African Court on Human and People's Rights)
1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.
1969 Vienna Convention on the Law of Treaties
Article 27. INTERNAL LAW AND OBSERVANCE OF TREATIES A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.
1969 Vienna Convention on the Law of Treaties
Article 27. INTERNAL LAW AND OBSERVANCE OF TREATIES A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
3. The Protocol shall come into force thirty days after fifteen instruments of ratification or accession have been deposited.
1969 Vienna Convention on the Law of Treaties
Article 27. INTERNAL LAW AND OBSERVANCE OF TREATIES A party may not invoke the provisions of its internal law as justification for its failure to perform a treaty. This rule is without prejudice to article 46.
ICJ case of Argentina v Uruguay concerning pulp mills on River Uruguay
121. In the present case, the Court observes that the notification toArgentina of the environmental impact assessments for the CMB (ENCE)and Orion (Botnia) mills did not take place through CARU, and thatUruguay only transmitted those assessments to Argentina after havingissued the initial environmental authorizations for the two mills inquestion. Thus in the case of CMB (ENCE), the matter was notified toArgentina on 27 October and 7 November 2003, whereas the initialenvironmental authorization had already been issued on 9 October 2003.In the case of Orion (Botnia), the file was transmitted to Argentinabetween August 2005 and January 2006, whereas the initial environmentalauthorization had been granted on 14 February 2005. Uruguay oughtnot, prior to notification, to have issued the initial environmental auth-orizations and the authorizations for construction on the basis of the envi-ronmental impact assessments submitted to DINAMA. Indeed by doingso, Uruguay gave priority to its own legislation over its proceduralobligations under the 1975 Statute and disregarded the well-establishedcustomary rule reflected in Article 27 of the Vienna Convention on theLaw of Treaties, according to which “[a] party may not invoke the pro-visions of its internal law as justification for its failure to perform atreaty”.
001/2012 Frank David Omary & Others v. United Republic of Tanzania - Ruling
African Charter on Human and Peoples' Rights (Banjul Charter)
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (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.
Rules of Court (African Court on Human and People's Rights)
5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;
001/2012 Frank David Omary & Others v. United Republic of Tanzania - Ruling
75. The Court has the power to exercise its jurisdiction over alleged violations, in relation to the relevant human rights protection instruments ratified by the Respondent.
001/2012 Frank David Omary & Others v. United Republic of Tanzania - Ruling
75. The Court has the power to exercise its jurisdiction over alleged violations, in relation to the relevant human rights protection instruments ratified by the Respondent.
05/2013 - Alex Thomas v United Republic of Tanzania - Judgment & Dissenting Opinion
45.TheCourtconsidersthattheRespondent'sobjectionthat"the Court lacks jurisdiction because the Applicant improperly cites Articles5and 34(6)oftheProtocolandRule33oftheRulesofCourt andthattheArticlesonlyprovidehimstandingbeforetheCourt" lacksmerit.TheCourtfindsthataslongastherightsallegedly violatedareprotectedbytheCharteroranyotherhumanrights instrument ratified by the State concerned, the Court will have jurisdictionoverthematter.TheCourtfirstelaboratedonthisin
20ApplicationNumber00112012FrankDavidOmaryandOthers 11UnitedRepublicofTanzaniaandthereafter,inApplicationNumber00312012PeterJosephChachavUnitedRepublicofTanzania. The Court,intheabovecasesheldthat, thesubstanceofthecomplaint mustrelatetorightsguaranteedby theCharteroranyotherhuman rightsinstrumentratifiedbytheStateconcerned.Itisnotnecessary thattherightsallegedtohavebeenviolatedarespecifiedin theApplication.
046/2016 - APDF & IHRDA v Republic of Mali
27. The Court notes that its material jurisdiction is based on Article 3(1) of theProtocol and that, in the instant case, the alleged violation of rights relates tothe human rights guaranteed by the Charter and other instruments ratified bythe Republic of Mali.
001/2015 Armand Guehi v. United Republic of Tanzania
31.TheCourtis oftheview,withrespecttowhetheritiscalledtoactasa courtoffirstinstance,that,byvirtueofArticle3 oftheProtocol,ithasmaterialjurisdictionsolongas"theApplicationallegesviolationsofprovisionsofinternationalinstrumentstowhichtheRespondentStateisa party"4Intheinstantmatter,theApplicantallegesviolationsofrightsguaranteedintheCharter.
025/2016 - Kenedy Ivan v United Republic of Tanzania
27.This Court exercises jurisdiction as long as "the rights allegedly violated areprotected by the Charter or any other human rights instruments ratified by theRespondent State."aln the instant Application, by exercising this mandate, theCourt is not acting as an appellate Court.
001/2012 Frank David Omary & Others v. United Republic of Tanzania - Ruling
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
Article 3 JURISDICTION 1. The jurisdiction of the Court shall extend to all cases and disputes submitted to it concerning the interpretation and application of the Charter, this Protocol and any other relevant Human Rights instrument ratified by the States concerned.2. In the event of a dispute as to whether the Court has jurisdiction, the Court shall decide.
01/13 Ernest Francis Mtingwi v Malawi
01/13 Ernest Francis Mtingwi v Malawi
14. The Court notes that it does not have any appellate Jurisdiction to receive and consider appeals inrespect of cases already decided upon by domestic and/or regional and similar Courts.
011/2015 – Christopher Jonas v. United Republic of Tanzania
05/2013 - Alex Thomas v United Republic of Tanzania - Judgment & Dissenting Opinion
130. ThisCourtdoesnotaccept theRespondent'scontentionthat, theissueofmanifesterrorsattrialarenotwithin thepurviewofthin
53Courtbecause theCourtofAppealofTanzaniahasdeterminedthemwithfinality.Though thisCourtisnotan appellatebodywithrespect to decisions of nationalcourts27,this does notpreclude itfrom examiningrelevantproceedingsinthenationalcourtsinorderto determinewhethertheyareinaccordancewiththestandardssetout intheCharteroranyotherhumanrightsinstrumentratifiedbythe Stateconcerned.Withregardtomanifesterrorsinproceedingsat nationalcourts,thisCourtwillexaminewhetherthenationalcourts applied appropriate principles and international standards in resolvingtheerrors.This istheapproachthathasbeenadoptedby similarinternationalcourts.
003/14 Ingabire Victoire Umuhoza v Republic of Rwanda
52.L'EtatdefendeursoutientquelaRequeranteasaisilaGourdeceanscommesicelle-cietaituneinstanced'appel,carelleluidemandedemodifieroud'annulerlesdecisionsdestribunauxdel'Etatdefendeuretd'agirenlieuetplacedesinstitutionslegislativesetjudiciairesdeI'Etatdefendeur.SelonI'Etatdefendeur,«...IaGourafricainen'estniunejuridictiond'appel,niunorganelegislatifdotedupouvoird'annuleroudereformerdesdecisionsjudiciairesetpasserdesloisalaplacedesassembleeslegislativesnationales».IIajouteacetegardque«touterequetedemandantalaGourdeposerdetelsactesdevraitetrerejetee».
007/2013 – Mohamed Abubakari v. United Republic of Tanzania
29. On the basis of the aforesaid considerations, the Court holds that it is competent to determine whether the treatment of the matter by Tanzanian national courts has complied with the requirements set forth by the Charter in particular and any other applicable human rights instrument. Consequently, the Court dismisses the objection raised in this regard by the Respondent State.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration accepting the competence of the Court to receive cases under article 5 (3) of this Protocol. The Court shall not receive any petition under article 5 (3) involving a State Party which has not made such a declaration.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.
Rules of Court (African Court on Human and People's Rights)
1. The Court shall conduct preliminary examination of its jurisdiction andthe admissibility of the application in accordance with articles 50 and 56 ofthe Charter, and Rule 40 of these Rules.
African Charter on Human and Peoples' Rights (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 Chart
African Charter on Human and Peoples' Rights (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.
Rules of Court (African Court on Human and People's Rights)
Rule 40Conditions for Admissibility of ApplicationsPursuant to the provisions of article 56 of the Charter to which article 6(2) ofthe Protocol refers, applications to the Court shall comply with the followingconditions:1. disclose the identity of the Applicant notwithstanding the latter’srequest for anonymity;2. comply with the Constitutive Act of the Union and the Charter ;3. not contain any disparaging or insulting language;4. not be based exclusively on news disseminated through the massmedia;5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and
277. not raise any mater or issues previously settled by the parties inaccordance with the principles of the Charter of the United Nations,the Constitutive Act of the African Union, the provisions of the Charteror of any legal instrument of the African Union.
African Charter on Human and Peoples' Rights (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.
Rules of Court (African Court on Human and People's Rights)
African Charter on Human and Peoples' Rights (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.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
2. The Court shall rule on the admissibility of cases taking into account the provisions of article 56 of the Charter.
African Charter on Human and Peoples' Rights (Banjul Charter)
Constitutive Act of the African Union
Constitutive Act of the African Union
Charter of the United Nations
African Charter on Human and Peoples' Rights (Banjul Charter)
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
Rules of Court (African Court on Human and People's Rights)
5. be filed after exhausting local remedies, if any, unless it is obviousthat this procedure is unduly prolonged;
African Charter on Human and Peoples' Rights (Banjul Charter)
Are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged,
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
147/95_149/96 Sir Dawda K. Jawara v Gambia (The)
003/12 Peter Joseph Chacha v Tanzania
142. Exhaustion of local remedies by an Applicant is not a matter of choice. It is a legal requirement ininternational law. Therefore this Court in the matter of Application No 003/2011 Urban Mkandawire vRepublic of Malawi affirmed the importance of this requirement; it dismissed the application on the basisthat the Applicant in that matter had not exhausted local judicial remedies.
147/95_149/96 Sir Dawda K. Jawara v Gambia (The)
13/11 Beneficiaries of late Norbert Zongo & Others v Burkina Faso (Judgement on Reparations)
04/13 Konate v Burkina Faso (Judgement)
013/2011 – Abdoulaye Nikiema, Ernest Zongo Blaise, Ilboudo Burkinabe & Human and Peoples’ Rights Movement v Burkina Faso - Judgment
68. In ordinary language, being effective refers to “that which produces the expected result” (Le Petit Robert, 2011, p. 824). On the issue under consideration, the effectiveness of a remedy is therefore measured in terms of its ability to solve the problem raised by the Applicant.
04/13 Konate v Burkina Faso (Judgement)
African Charter on Human and Peoples' Rights (Banjul Charter)
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
Rules of Court (African Court on Human and People's Rights)
6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and
013/2011 – Abdoulaye Nikiema, Ernest Zongo Blaise, Ilboudo Burkinabe & Human and Peoples’ Rights Movement v Burkina Faso - Judgment
013/2011 – Abdoulaye Nikiema, Ernest Zongo Blaise, Ilboudo Burkinabe & Human and Peoples’ Rights Movement v Burkina Faso - Judgment
92. The Court is of the opinion that determination as to whether the duration of the procedure in respect of local remedies has been normal! or abnormal should be carried out on a case-by-case basis depending on the circumstances of each case.
African Charter on Human and Peoples' Rights (Banjul Charter)
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
Rules of Court (African Court on Human and People's Rights)
6. be filed within a reasonable time from the date local remedies wereexhausted or from the date set by the Court as being thecommencement of the time limit within which it shall be seized withthe matter; and
Rules of Court (African Court on Human and People's Rights)
Rule 40Conditions for Admissibility of ApplicationsPursuant to the provisions of article 56 of the Charter to which article 6(2) ofthe Protocol refers, applications to the Court shall comply with the followingconditions:1. disclose the identity of the Applicant notwithstanding the latter’srequest for anonymity;2. comply with the Constitutive Act of the Union and the Charter ;3. not contain any disparaging or insulting language;4. not be based exclusively on news disseminated through the massmedia;
Rules of Court (African Court on Human and People's Rights)
7. not raise any mater or issues previously settled by the parties inaccordance with the principles of the Charter of the United Nations,the Constitutive Act of the African Union, the provisions of the Charteror of any legal instrument of the African Union.
Constitutive Act of the African Union
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights (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.
3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal. 2.No one may be condemned for an act or omission which did not constitute a legally punishable offence at the time it was committed. No penalty may be inflicted for an offence for which no provision was made at the time it was committed. Punishment is personal and can be imposed only on the offender.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force;
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.
003/14 Ingabire Victoire Umuhoza v Republic of Rwanda
103.D'apreslesDirectivesetprincipessurIedroitaunprocesequitableetaI'assistancejudiciaireenAfrique:«pourdeterminerI'impartialited'uneinstancejuridictionnelle,ilconvientdetenircomptedetroisfacteurspertinents:1.siIejugeestenmesuredejouerunrOleessentieldanslaprocedure:2.siIejugepeutavoiruneopinionprecon9uerisquantdepeserlourdementsurladecision:et3.siIejugedoitstatuersurunedecisionqu'ilaprisedansI'exerciced'uneautrefonction»6.104.L'instancejuridictionnellen'estpasconsidereecommeimpartiale,si:«1.UnancienprocureurouavocatsiegeenqualitedejugedansuneaffaireouilaexercelesfonctionsdeParquetoud'avocat:2.Lemagistrata participesecretementa I'instructiondeI'affaire:3.IIexisteentreIemagistratetI'affaireouunedespartiesa I'affaireunlienquirisquedeprejugerladecision:4.Unmagistratsiegeenqualitedemembred'unejuridictiond'appelpourconnaitred'uneaffairequ'ila dejatrancheeoudanslaquelleilaeteimpliquedansunejuridictioninferieure7».
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
009/2011 - 011/2011 Tanganyika Law Society & The Legal and Human Rights Centre v Tanzania, & Reverend Christopher Mtikila v Tanzania - Judgment
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (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.
3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (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.
3Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
Article 27 FINDINGS1. If the Court finds that there has been violation of a human or peoples’ rights, it shall make appropriate orders to remedy the violation, including the payment of fair compensation or reparation.
Rules of Court (African Court on Human and People's Rights)
Rule 30Legal CostsUnless otherwise decided by the Court, each party shall bear its own costs.
African Charter on Human and Peoples' Rights (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.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 31.Every individual shall be equal before the law. 2.Every individual shall be entitled to equal protection of the law.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.
African Charter on Human and Peoples' Rights (Banjul Charter)
Article 71.Every individual shall have the right to have his cause heard. This comprises: (a) the right to an appeal to competent national organs against acts of violating his fundamental rights as recognized and guaranteed by conventions, laws, regulations and customs in force; (b) the right to be presumed innocent until proved guilty by a competent court or tribunal; (c) the right to defense, including the right to be defended by counsel of his choice; (d) the right to be tried within a reasonable time by an impartial court or tribunal.
Rules of Court (African Court on Human and People's Rights)
5. Any Member of the Court who heard the case may deliver a separate ordissenting opinion.
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
7. If the judgment of the court does not represent, in whole or in part, the unanimous decision of the judges, any judge shall beentitled to deliver a separate or dissenting opinion.