jawara v gambia communication 147 of 1995 communication 149 of 1996 2000 achpr 17 11 may 2000

jawara v gambia communication 147 of 1995 communication 149 of 1996 2000 achpr 17 11 may 2000

The Commission found that the suspension of the Bill of Rights, arbitrary arrests and detentions, ouster of court jurisdiction, banning of political parties, restrictions on freedoms, and disregard for judicial independence constituted violations of the African Charter. The government failed to justify these measures as consistent with its Charter obligations, and local remedies were unavailable due to the ouster of judicial competence and generalised fear. The Commission held the government in violation of Articles 1, 2, 6, 7(1)(d), 7(2), 9(1), 9(2), 10(1), 11, 12(1), 12(2), 13(1), 20(1), and 26 of the Charter.

Citation
jawara v gambia communication 147 of 1995 communication 149 of 1996 2000 achpr 17 11 may 2000
Parties
Complainant: Sir Dawda K Jawara; Respondent: The Gambia
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
11 May 2000
Procedural Posture
Human Rights Communication / Decision on Merits
Outcome
Government of The Gambia found in violation of the African Charter on Human and Peoples' Rights.
Legal Topics
Suspension of Constitutional Rights, Arbitrary Detention, Freedom of Expression, Freedom of Association, Right to Fair Trial, Retroactive Legislation, Right to Self Determination, Judicial Independence
Source Language
English
International Human Rights Law Constitutional Law Suspension of Constitutional Rights Arbitrary Detention Freedom of Expression Freedom of Association Right to Fair Trial Retroactive Legislation +2 more

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Parties

Sir Dawda K Jawara

Complainant

The Gambia

Respondent

Procedural Posture

Human Rights Communication / Decision on Merits

Legal Issues

  1. 1 Whether the suspension of the Bill of Rights and related decrees violated the African Charter on Human and Peoples' Rights
  2. 2 Whether arbitrary arrests, detentions, and restrictions on freedoms constituted violations of the Charter
  3. 3 Whether the ouster of court jurisdiction and disregard for judicial orders violated the Charter

Ratio Decidendi

The Commission found that the suspension of the Bill of Rights, arbitrary arrests and detentions, ouster of court jurisdiction, banning of political parties, restrictions on freedoms, and disregard for judicial independence constituted violations of the African Charter. The government failed to justify these measures as consistent with its Charter obligations, and local remedies were unavailable due to the ouster of judicial competence and generalised fear. The Commission held the government in violation of Articles 1, 2, 6, 7(1)(d), 7(2), 9(1), 9(2), 10(1), 11, 12(1), 12(2), 13(1), 20(1), and 26 of the Charter.

Court Disposition

Government of The Gambia found in violation of the African Charter on Human and Peoples' Rights.

Orders

  • Government of The Gambia urged to bring its laws in conformity with the provisions of the Charter.