constitutional rights project v nigeria communication 148 of 1996 1999 achpr 8 15 november 1999

The continued detention of the 11 soldiers after acquittal and state pardon, with no available domestic remedies due to ouster clauses, constitutes a clear violation of Article 6 of the African Charter on Human and Peoples' Rights.

Citation: constitutional rights project v nigeria communication 148 of 1996 1999 achpr 8 15 november 1999
Parties: Complainant: Constitutional Rights Project; Respondent: Nigeria
Court: ACHPR
Jurisdiction: Tanzania
Judgment Date: 15 November 1999
Procedural Posture: Communication to African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility
Outcome: Violation of Article 6 found; recommendation issued
Legal Topics: Arbitrary Detention, Right to Liberty, Exhaustion of Local Remedies
Source Language: English

Human Rights Law Constitutional Law Arbitrary Detention Right to Liberty Exhaustion of Local Remedies

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Parties

Constitutional Rights Project

Complainant

Nigeria

Respondent

Procedural Posture

Communication to African Commission on Human and Peoples' Rights / Decision on Merits After Admissibility

Legal Issues

1 Whether the continued detention of 11 soldiers after acquittal and state pardon violates Article 6 of the African Charter
2 Whether local remedies were available or effective given ouster clauses in military decrees

Ratio Decidendi

Court Disposition

Violation of Article 6 found; recommendation issued

Orders

Government of Nigeria urged to respect the judgments of its courts and free the 11 soldiers