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African Commission on Human and Peoples' Rights


147/95-149/96 Sir Dawda K. Jawara / Gambia (The)



States Gambia
Date May 11 , 2000
Session 27th Ordinary SessionApril 27 to May 11 , 2000
Outcome:

Decided on merits

Violated Articles: Articles: 1, 2, 4, 5, 6, 7.1d, 7.2, 9.1, 9.2, 10.1, 11, 12.1, 12.2, 20.1, 26
Alleged violated articles : Articles: 1, 2, 4, 5, 6, 7.1d, 7.2, 9.1, 9.2, 10.1, 11, 12.1, 12.2, 20.1, 26
Non violated articles :

African Charter on Human and People’s Rights (ACHPR) – reign of terror, intimidation and arbitrary detention by the military government after the Military Coup of July 1994. Abolition of the Bill of Rights as contained in the 1970 Gambian Constitution by Military Decree No. 30/31.

Whether the communication is based exclusively on news.

Exemption for rule on exhaustion of local remedies: in instances where it is “neither particle nor desirable” to require complainants to exhaust these.

Whether the respondent is in violation of state-party obligations under article 1 of ACHPR.

Whether the respondent is in violation of the following guaranteed rights under ACHPR: Right to Freedom from Discrimination; Right to Life; Prohibition of Torture and Cruel, Inhuman and Degrading Treatment.

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