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Human rights law letuya and others v republic of kenya ruling application no 0102024 2024 achpr 9 16 october 2024

letuya and others v republic of kenya ruling application no 0102024 2024 achpr 9 16 october 2024

The African Court dismissed an application by Ogiek applicants against Kenya for lack of personal jurisdiction because Kenya has not filed the Article 34(6) declaration.

  • Jurisdiction
  • Right to property
  • Indigenous rights
  • Eviction
  • African charter on human and peoples’ rights
  • Personal-jurisdiction
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Human rights law noudehouenou v burkina faso application no 0102021 2023 afchpr 5 30 march 2023

noudehouenou v burkina faso application no 0102021 2023 afchpr 5 30 march 2023

The African Court held that Reckya Madougou could not intervene in the case because her interests were already represented by an ad litem mandate to the applicant.

  • Intervention
  • Admissibility
  • Locus standi
  • Representation
  • African charter on human and peoples’ rights
  • Locus-standi
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Human rights law noudehouenou c republique du benin requete n 0102021 2023 afchpr 5 30 mars 2023

noudehouenou c republique du benin requete n 0102021 2023 afchpr 5 30 mars 2023

The Court held that Reckya Madougou, having given a mandate ad litem to the main applicant, is not a third party to the proceedings. Her interests are already represented in the main application, and thus she cannot be admitted as an intervenor under Rule 61. The application for intervention is therefore inadmissible.

  • Intervention
  • Standing
  • Mandate ad litem
  • Admissibility
  • African charter on human and peoples’ rights
  • Right to liberty and security
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International human rights law mornah v republic of benin application no 0282018 2022 afchpr 22 22 september 2022

mornah v republic of benin application no 0282018 2022 afchpr 22 22 september 2022

The Court found that the Respondent States did not individually or collectively violate the right to self-determination of the Sahrawi people under Article 20 of the Charter. The admission of Morocco to the AU was a decision of the AU Assembly, not attributable to individual States. There was no evidence of wrongful acts or omissions by Respondent States amounting to a breach of their obligations under the Charter. The Court held that the Respondent States' support for diplomatic efforts and lack of specific measures did not constitute a violation, and no causal link was established between t…

  • Right to self-determination
  • State responsibility
  • African charter on human and peoples’ rights
  • Obligation erga omnes
  • Admissibility
  • Jurisdiction
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International law mornah v republic of benin and others 2020 afchpr 42 25 september 2020

mornah v republic of benin and others 2020 afchpr 42 25 september 2020

The African Court granted Mauritius leave to intervene in Bernard Anbataayela Mornah’s case, finding a sufficient legal interest based on decolonization and self-determination.

  • Intervention
  • Self-determination
  • Decolonization
  • Jurisdiction
  • African charter on human and peoples’ rights
  • African-court-on-human-and-peoples-rights
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Human rights law african commission on human and peoples rights v republic of kenya kilel and others v kenya application no 0062012 2019 afchpr 43 28 november 2019

african commission on human and peoples rights v republic of kenya kilel and others v kenya application no 0062012 2019 afchpr 43 28 november 2019

The African Court dismissed an application by individual Ogiek members to intervene at the reparations stage, holding that the Rules do not allow individual intervention.

  • Intervention
  • Jurisdiction
  • African charter on human and peoples’ rights
  • African-court-on-human-and-peoples-rights
  • Ogiek
  • Reparations
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Human rights law african commission on human and peoples rights v kenya application no 0062012 2019 afchpr 22 4 july 2019

african commission on human and peoples rights v kenya application no 0062012 2019 afchpr 22 4 july 2019

The African Court dismissed two intervention applications by landowners in the Ogiek reparations proceedings, holding that non-state third parties cannot intervene.

  • Intervention by third parties
  • Admissibility of applications
  • African charter on human and peoples' rights
  • Procedural rules of african court
  • Intervention-by-third-parties
  • Admissibility-of-applications
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Human rights sidiki et outros c republique du cote divoire requete n 0472019 requete n 0512019 requete n 0532019 requetes jointes nos 0282019 requetes jointes nos 0302019 requ

sidiki et outros c republique du cote divoire requete n 0472019 requete n 0512019 requete n 0532019 requetes jointes nos 0282019 requetes jointes nos 0302019 requ

The applications concern similar facts, alleged violations, and measures requested against the same respondent state, justifying joinder for proper administration of justice under Rule 54.

  • Joinder of cases
  • African charter on human and peoples' rights
  • Court procedure
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Human rights law european alliance for human rights and others v egypt communication 543 of 2015 2018 achpr 128 18 october 2018

european alliance for human rights and others v egypt communication 543 of 2015 2018 achpr 128 18 october 2018

The African Commission struck out a human rights communication against Egypt after the complainants failed to file admissibility submissions within the deadline.

  • Admissibility of complaints
  • Diligent prosecution
  • Procedural default
  • African charter on human and peoples' rights
  • Admissibility-of-complaints
  • Diligent-prosecution
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Human rights law falana v african commission on human and peoples rights application no 0192015 2015 afchpr 41 20 november 2015

falana v african commission on human and peoples rights application no 0192015 2015 afchpr 41 20 november 2015

The Court lacks jurisdiction to hear the case as the Respondent is not a State Party and has not deposited a declaration under Article 34(6); the Applicant has no standing. The Court cannot compel the Respondent to refer a communication.

  • Jurisdiction
  • Standing
  • Complementarity
  • African charter on human and peoples' rights
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