[1991] ACHPR 6

[1991] ACHPR 6

The Commission found that the government of Togo had failed to uphold its obligations under the African Charter on Human and Peoples' Rights. The evidence demonstrated arbitrary arrests, denial of fair trial guarantees, and suppression of freedom of expression. The Commission held that these acts constituted...

Source-derived case information.

Citation
[1991] ACHPR 6
Parties
Applicant: Commission Internationale de Juristes; Respondent: Togo
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Case Number
Communication 91 of 1991
Procedural Posture
Public International Law / Decision
Outcome
violation_found
Legal Topics
Human Rights Violations, Right to Fair Trial, Freedom of Expression
Source Language
en
Public International Law Constitutional Law Human Rights Violations Right to Fair Trial Freedom of Expression

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Summary, issues, holding and outcome

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Parties

Commission Internationale de Juristes

Applicant

Togo

Respondent

Procedural Posture

Public International Law / Decision

Legal Issues

  1. 1 Whether the government of Togo violated the African Charter on Human and Peoples' Rights.
  2. 2 Whether the rights to fair trial and freedom of expression were infringed by state actions.

Ratio Decidendi

The Commission found that the government of Togo had failed to uphold its obligations under the African Charter on Human and Peoples' Rights. The evidence demonstrated arbitrary arrests, denial of fair trial guarantees, and suppression of freedom of expression. The Commission held that these acts constituted violations of Articles 7 and 9 of the Charter. The respondent's justification based on national law and public order was insufficient to override the fundamental rights protected by the Charter. The Commission emphasized that member states must ensure respect for human rights even in times of political unrest or emergency.

Court Disposition

violation_found

Orders

  • The government of Togo is urged to take all necessary measures to ensure respect for the rights to fair trial and freedom of expression.
  • Togo is requested to report to the Commission on steps taken to implement these recommendations.