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African Commission on Human and Peoples' Rights


292/04 Institute for Human Rights and Development in Africa / Angola



States Angola
Date May 22 , 2008
Session 43rd Ordinary SessionMay 07 to May 22 , 2008
Outcome:

Decided on merits

Violated Articles: Articles: 1, 2, 5, 6, 7.1a, 12.4, 12.5, 14, 15
Alleged violated articles : Articles: 1, 2, 3, 5, 6, 7.1a, 12.4, 12.5, 14, 15
Non violated articles : Articles: 3

African Charter on Human and People’s Rights (ACHPR) – arrest, detention and deportation of Gambians legally residing and working in Angola by its government. ACmHPR’s decision taken without respondent’s arguments.

Whether the complainants had any reasonable access to local remedies. Whether lack of access to local remedies constitutes exemption from the exhaustion of local remedies rule.

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

Whether violation of Standard Minimum Rules for the Treatment of Prisoners constitutes a violation of article 5 of ACHPR. Whether respondent is in violation of the following guaranteed rights under ACHPR: Right to Freedom from Discrimination; Right to Equality before the law and Equal Protection of the Law; Prohibition of Torture, and Cruel, Inhuman and Degrading Treatment; Right to Personal liberty and protection from arbitrary arrest; Right to Fair Trail; Right to Freedom of Movement; Right to property; Right to work.

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