rights international v nigeria communication 215 of 1998 1999 achpr 10 15 november 1999

rights international v nigeria communication 215 of 1998 1999 achpr 10 15 november 1999

The Commission found that the facts alleged by the complainant, which were uncontested by Nigeria, established violations of Articles 5, 6, 7(1)(c), and 12(1) and (2) of the African Charter due to torture, arbitrary detention, denial of fair trial rights, and forced flight.

Citation
rights international v nigeria communication 215 of 1998 1999 achpr 10 15 november 1999
Parties
Complainant: Rights International; Respondent: Nigeria
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
15 November 1999
Procedural Posture
Communication / Merits Decision
Outcome
Violation found
Legal Topics
Torture, Arbitrary Detention, Fair Trial, Freedom of Movement, Refugee Status
Source Language
English
Human Rights Torture Arbitrary Detention Fair Trial Freedom of Movement Refugee Status

Case Brief

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Parties

Rights International

Complainant

Nigeria

Respondent

Procedural Posture

Communication / Merits Decision

Legal Issues

  1. 1 Whether the arrest, detention, and treatment of Mr. Wiwa violated the African Charter on Human and Peoples' Rights
  2. 2 Whether the lack of access to counsel and information about charges constituted a violation of fair trial rights
  3. 3 Whether threats and forced flight violated rights to freedom of movement and residence

Ratio Decidendi

The Commission found that the facts alleged by the complainant, which were uncontested by Nigeria, established violations of Articles 5, 6, 7(1)(c), and 12(1) and (2) of the African Charter due to torture, arbitrary detention, denial of fair trial rights, and forced flight.

Court Disposition

Violation found

Orders

  • The Commission finds the government of Nigeria in violation of Articles 5, 6, 7(1)(c), and 12(1) and (2) of the African Charter.