The Court held Tanzania violated the Applicant’s rights to life and dignity in relation to a mandatory death sentence and hanging, but rejected other claims.
The application is inadmissible because the Applicant failed to exhaust available and effective local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules; the Applicant could have pursued direct action before domestic courts under Tunisian law.
The Court found that Tanzania violated the rights of persons with albinism by failing to take sufficient measures to prevent, investigate, and punish attacks, killings, and discrimination; by failing to provide adequate education and health services; and by not ensuring the best interests of children with albinism. The State’s legislative and policy measures were found insufficient, and the violations were attributable to the State due to lack of due diligence and effective remedies.
The applicant did not exhaust available domestic remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, since he could have pursued further judicial actions under national law. The application is therefore inadmissible.
The African Court ordered Tunisia to stay implementation of a decree-law and dismissal decree affecting judicial officers, pending the merits of the case.
The African Court held that one request for provisional measures in Hasna Ben Slimane v Tunisia was moot and dismissed the remaining requests as touching the merits.
The Court found that the Respondent State violated the Applicants' rights to consular assistance, interpretation, timely trial, and protection from torture and inhuman treatment, and that the mandatory death penalty and its method of execution by hanging violated the right to life and dignity. The Court held that the Respondent State failed to provide effective remedies for these violations and ordered legislative and administrative reforms, compensation, and rehearing on sentencing. The Court did not find violations regarding discrimination or legal representation.
The Respondent State violated the Applicant's right to a fair trial under Article 7(1)(c) of the Charter, as read with Article 14(3)(d) of the ICCPR, by failing to provide free legal assistance to the Applicant, an indigent person facing a serious criminal charge. The Applicant failed to prove violations of non-discrimination and equal protection of the law. The Applicant exhausted local remedies, and the Application was admissible.
Human rights lawcommunity law centre and others on behalf on the five victims v federal republic of nigeria communication 564 of 2015 2024 achpr 1 23 may 2024
The African Commission dismissed claims that Nigeria’s failure to curb maternal mortality violated rights to life, health, dignity, equality, information, and remedy.