251/02 Lawyers for Human Rights / Swaziland

The case below was not initiated by IHRDA. IHRDA, however, provided support to the authors, either during case research and definition or during its consideration by the ACmHPR.

African Charter on Human and Peoples’ Rights (ACHPR) – King of Swaziland Proclamation to the Nation No. 12 of 1973 – Non Bailable Offences Order of 1993 – Non-Bailable Offences Order, Decree No. 3 of 2001 – ACmHPR competence rationae materiae and rationae temporis – Exemption from rule on exhaustion of local remedies in instances where judiciary is subordinate to executive power – ACmHPR’s decision taken without respondent’s arguments due to respondent’s failure to address itself to the complaint – Whether respondent is in violation of state-party obligations under article 1 of ACHPR – Whether respondent is in violation of the following guaranteed rights under ACHPR: Right to fair trial; Freedom of association; Right to participate in government; State duty to guarantee independence of the Courts


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