292/04 IHRDA [on behalf of Esmaila Connateh and 13 other Gambians] /Angola

Brief Facts

The Institute for Human Rights and Development in Africa (IHRDA) filed 292/04 before the African Commission on Human and Peoples’ Rights (ACmHPR) on behalf of 14 Gambian’s who were arrested, detained and deported even though they were legally residing and working in Angola decision.

Issue

– Whether the complainants had any reasonable access to local remedies after deportation

– Whether lack of access to local remedies constitutes exemption from the exhaustion of local remedies rule

– Whether violation of the United Nations Standard Minimum Rules for the Treatment of Prisoners constitutes a violation of article 5 of African Charter.

Alleged Violations

Article 1 Obligation of Member States to give effect to the African Charter

Article 2 Freedom from discrimination

Article 3 Equality before the law and equal protection of the law

Article 5 Prohibition of torture, and cruel  and inhuman treatment

Article 6 Right to personal liberty and protection from arbitrary arrest

Article 7 Right to fair trial

Article 12 Freedom of movement

Article 14 Right to property

Article 15 Right to work

Status of case

The ACmHPR held that the respondent state violated articles 1, 2, 5, 6, 7, 12, 14, and 15 but the compliants did not submit enough evidence to proof the violation under article 3.

On the issue of the settlement of local remedies the ACmHPR noted the respondent state did not give the complaints the opportunity to sue in local court.

The communication was decided on merits at the 43rd Ordinary Session of ACmHPR held in Ezulwini, Kingdom of Swaziland.

Respondent are required to report back on implementation.

Press statement on issued December 1st 2008

,

Comments are closed.