The African Court dismissed DRC’s request for expedited procedure, holding it could not abridge defence-related time limits, but listed the case for priority handling.
The Court rejected the request for expedited procedure because the respondent did not expressly waive its right to the 90-day response period, and the complexity of the case did not justify shortening the deliberation period. However, the Court decided to give priority to the examination of the application due to the seriousness of the alleged violations.
Given the scale, seriousness, and ongoing nature of the alleged human rights violations in Darfur, and the displacement and intimidation of victims, local remedies in Sudan are deemed unavailable, ineffective, and insufficient. The matter has not been specifically settled by any UN treaty or Charter body. Therefore, the communication satisfies the admissibility requirements under Article 56 of the African Charter.
Human rightsthe social and economic rights action center and the center for economic and social rights v nigeria communication 155 of 1996 2001 achpr 34 27 october 2001
The Nigerian government, by direct action and omission, violated the rights to health, environment, property, food, life, and adequate housing of the Ogoni people under the African Charter by failing to prevent and remedy environmental degradation, violence, and deprivation caused by oil operations and state security forces.
Human rights lawsocial and economic rights action center serac and center for economic and social rights cesr v nigeria communication no 15596 communication 155 of 1996 2001 achp
The Nigerian government, through direct action and failure to regulate or prevent abuses by oil companies and security forces, violated the rights to health, environment, property, housing, food, and life of the Ogoni people under the African Charter by failing to respect, protect, promote, and fulfil these rights, and by facilitating or condoning acts that led to environmental degradation, destruction of property and food sources, forced evictions, and violence.