The East African Court of Justice dismissed a reference alleging unlawful detention and related rights violations in South Sudan, holding the claims were not proved.
The African Court found Libya violated the Charter by detaining individuals without trial, without prompt judicial review, and without access to counsel.
The EACJ has jurisdiction to interpret the EAC Treaty, including determining whether Rwanda's detention of Lieutenant Colonel Ngabo without trial for five months breached Articles 6(d) and 7(2). The detention was unlawful under Rwandan law and violated the Treaty’s fundamental and operational principles. The Reference was filed within time due to the continuous nature of the detention, and exhaustion of local remedies was not required. The 1st Respondent was not in breach as he had no prior notice. The Applicant is entitled to a declaration and costs against the 2nd Respondent.
The African Commission declared the communication inadmissible because the alleged victims had been tried and released, so local remedies were not exhausted.
The African Commission adjourned a communication alleging detention without trial in Guinea and asked the government to provide further information before substantive review.
The African Commission held that Benin’s new government had satisfactorily resolved alleged prior human rights violations, including detention, torture, and political imprisonment.