commission nationale des droits de lhomme et des liberte v chad communication no 7492 1995 achpr 12 11 october 1995

commission nationale des droits de lhomme et des liberte v chad communication no 7492 1995 achpr 12 11 october 1995

Chad is responsible for serious and massive violations of human rights under the African Charter, both for acts committed by its agents and for failing to prevent, investigate, or remedy violations by other parties during civil war. The absence of a substantive government response requires the Commission to accept the complainant's facts as established.

Citation
commission nationale des droits de lhomme et des liberte v chad communication no 7492 1995 achpr 12 11 october 1995
Parties
Complainant: Commission Nationale des Droits de l’Homme et des Liberté; Respondent: Chad
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
11 October 1995
Procedural Posture
Human Rights Communication / Decision on Merits After Admissibility
Outcome
Finds violations of Articles 4, 5, 6, and 7 of the African Charter by Chad.
Legal Topics
State Responsibility, Right to Life, Prohibition of Torture, Arbitrary Detention, Freedom of Expression, Fair Trial
Source Language
English
Human Rights Law International Law State Responsibility Right to Life Prohibition of Torture Arbitrary Detention Freedom of Expression Fair Trial

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Parties

Commission Nationale des Droits de l’Homme et des Liberté

Complainant

Chad

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits After Admissibility

Legal Issues

  1. 1 Whether Chad violated Articles 4, 5, 6, and 7 of the African Charter on Human and Peoples’ Rights
  2. 2 Whether the state is responsible for failing to prevent or investigate human rights abuses during civil war

Ratio Decidendi

Chad is responsible for serious and massive violations of human rights under the African Charter, both for acts committed by its agents and for failing to prevent, investigate, or remedy violations by other parties during civil war. The absence of a substantive government response requires the Commission to accept the complainant's facts as established.

Court Disposition

Finds violations of Articles 4, 5, 6, and 7 of the African Charter by Chad.

Orders

  • Draws attention of the Assembly of Heads of State and Government of the OAU to the serious and massive violations in Chad.