african institute for human rights and development v guinea communication 249 of 2002 2004 achpr 59 7 december 2004

african institute for human rights and development v guinea communication 249 of 2002 2004 achpr 59 7 december 2004

The Commission found that Guinea's actions following the President's speech, including discrimination, violence, arbitrary detention, looting, rape, and forced return of Sierra Leonean refugees, constituted violations of Articles 2, 4, 5, 12(5), and 14 of the African Charter and Article 4 of the OAU Refugee Convention. The requirement to exhaust local remedies was inapplicable due to the danger, impracticality, and scale of the violations.

Citation
african institute for human rights and development v guinea communication 249 of 2002 2004 achpr 59 7 december 2004
Parties
Complainant: African Institute for Human Rights and Development (on behalf of Sierra Leonean refugees in Guinea); Respondent: Republic of Guinea
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
7 December 2004
Procedural Posture
Communication / Decision on Merits
Outcome
Violation found
Legal Topics
Non Discrimination, Mass Expulsion, Non Refoulement, Right to Dignity, Right to Property, Right to Life, Exhaustion of Local Remedies
Source Language
English
Human Rights Law Refugee Law International Law Non Discrimination Mass Expulsion Non Refoulement Right to Dignity Right to Property +2 more

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Parties

African Institute for Human Rights and Development (on behalf of Sierra Leonean refugees in Guinea)

Complainant

Republic of Guinea

Respondent

Procedural Posture

Communication / Decision on Merits

Legal Issues

  1. 1 Whether Guinea violated the rights of Sierra Leonean refugees under the African Charter and other international instruments
  2. 2 Whether the mass expulsion and treatment of refugees constituted discrimination and inhuman treatment
  3. 3 Whether the requirement to exhaust local remedies applied

Ratio Decidendi

The Commission found that Guinea's actions following the President's speech, including discrimination, violence, arbitrary detention, looting, rape, and forced return of Sierra Leonean refugees, constituted violations of Articles 2, 4, 5, 12(5), and 14 of the African Charter and Article 4 of the OAU Refugee Convention. The requirement to exhaust local remedies was inapplicable due to the danger, impracticality, and scale of the violations.

Court Disposition

Violation found

Orders

  • Guinea found in violation of Articles 2, 4, 5, 12(5), and 14 of the African Charter and Article 4 of the OAU Refugee Convention.
  • Recommendation to establish a Joint Commission between Sierra Leone and Guinea to assess losses and compensate victims.