The appellant brought this appeal of a decision by the GASABO Intermediate Court that ordered his pre-trial detention for thirty days. The appellant appealed on multiple procedural grounds and also alleged that the lower court failed to properly appreciate the impact of his medical condition in determining whether pre-trial detention was appropriate. The Prosecution alleged …Read more

Bradley McCallum, a detainee at a maximum correctional facility in South Africa, claimed to be a victim of violations of articles 7 and 10 of the International on Civil and Political Rights (“Covenant”). In particular, McCallum alleged that he was physically abused, raped, and subject to other ill treatment by South African prison authorities during …Read more

Mr. Mwamba was a Zambian national on death row awaiting review of his appeal by the Supreme Court of Zambia. Mr. Mwamba was previously a high ranking police officer before he was arrested and detained on suspicion of murder, attempted murder, and aggravated robbery. During his initial detention in 1999, Mr. Mwamba was allegedly subjected to …Read more

The plaintiff, Weheire, brought a suit against the Attorney-General alleging degrading and inhuman treatment during his arrest and detainment in 1986, a violation of his rights under the Constitution of Kenya (“Constitution”),. In December 1986, Weheire was arrested without a warrant.  After his arrest, Weheire claimed that his house was unlawfully searched. Weheire further alleged …Read more

RM was born a hermaphrodite/intersexual and was raised as male. His birth was not registered at the time, which caused RM difficulties later in life as he was not in consequence recognised by the State for employment, marriage or other legal reasons. RM was later convicted of an offence of robbery with violence and sentenced …Read more

On July 15, 2001, Fredy Marcelo Nunez Naranjo, Sixto Rodrigo Nunez Naranjo, Napoleon Amores and Jose Santana (the “Petitioners”) were detained in the Quero Police Department. During their detention, more than 400 members of the Punachizag community from the jail of the Police Department of the Quero District in the Province of Tungurahua, abducted the …Read more

Representatives of the complainants, the Endorois indigenous community, brought an action before the African Commission on Human and Peoples’ Rights (Commission), alleging violations of human rights resulting from the Government of Kenya’s forced displacement of the Endorois from their ancestral lands without adequate compensation, in breach of the African Charter on Human and Peoples’ Rights. …Read more

This was an appeal from an order of the South Gauteng High Court. The Applicants were members of the Harry Gwala Informal Settlement (Settlement). They approached the High Court for an order against the Ekurhuleni Metropolitan Municipality (Municipality) to install communal water taps, temporary sanitation facilities, refuse removal facilitation and high-mast lighting in key areas, …Read more

Five impoverished residents of Phiri in Soweto filed a legal action against the City of Johannesburg, the water provider company wholly owned by the City, and the Ministry of Water Affairs and Forestry, challenging the legality of Operation Gcin’amanzi–a project the City of Johannesburg piloted in Phiri in early 2004 to address the severe problem …Read more

The complainants, two human rights organizations based in Sudan, the United Kingdom and Canada, alleged gross and systematic violations of human rights on the part of the Republic of Sudan and Government-supported militia forces in the Darfur region against indigenous tribes, including the Fur, Marsalit and Zaghawa. The organizations alleged that since General Omar Al-Bashir …Read more

K and 417 others were all persons convicted of diverse capital offences under the Penal Codes Act and had been sentenced to death as provided for by the laws of Uganda. They filed a petition in the Constitutional Court under Article 137(3)[1] of the Constitution, challenging the constitutionality of the death penalty. In particular, they …Read more

The complainants were South Cameroonian citizens who alleged a variety of human rights violations done by Cameroon and were seeking the right to secede and form their own state. In 1961, the United Nations Trust System held a plebiscite that allowed South Cameroonians to join Cameroon or Nigeria but not to form their own country. …Read more

Gable Masango, a prisoner serving a twelve-year prison term in Malawi, brought suit against Malawian government officials claiming the conditions of his and his fellow prisoners’ imprisonment violated the Republic of Malawi Constitution and the Prison Regulations of the Prisons Act (“Prison Regulations”). The prisoner alleged that the prison provided insufficient resources, including insufficient diet …Read more

Enerji Yapı-Yol Sen is a union of civil servants which had been registered in 1992 and was the umbrella body for the workers in the fields of land registration, energy, infrastructure services and motorway construction. In April 1996, the prime ministers public staff directorate issued a directive prohibiting all public service workers from taking part …Read more

The Applicant brought, two hundred law suits before the Municipal Courts of Serbia against. In June 1996 the Applicant threatened his employer’s general manager with a hunting knife and a fake hand grenade. On 30 August 1996, an initial team of experts confirmed that he was suffering from paranoid psychosis, and could not be held …Read more

Natasha and Nicolette, high school teenagers, were hired as receptionists and lingerie models by the owner of an escort agency. The recruitment took place by means of pamphlets distributed by other female employees. During this interview they learned that the job did not just entail modeling lingerie, but rather working as sex workers. It appears …Read more

The parties to the dispute settled out of court based on the stipulation that the policies of the South African National Defence Force (SANDF) concerning the recruitment, deployment and promotion of people living with HIV were unconstitutional. The SANDF was given six months to set aside these policies. In this decision, the Court considered the …Read more

Applicants were residents of Kyambogo Lower Estate, where they used a common facility for sanitation in the form of septic tanks. The channels leading to those tanks were located on a road reserve and the Respondent intended to erect a perimeter fence around that road reserve. Respondent was given an offer, containing certain terms and …Read more

Plaintiff alleged that his arrest and continued detention without trial by the National Intelligence Agency of The Gambia violated his rights under the following articles 6 (right to personal liberty), 4 (right to life), 5 (prohibition of torture and cruel, inhuman and degrading treatment), and 7 (right to fair trial) of the African Charter on …Read more

The petitioners were pastoralists and communal landowners in the Baringo District in Rift Valley Province, Kenya. The petitioners alleged that the respondents (the Attorney-General, the Minister for Environmental and Natural Resources, the National Environment Management Authority, and the County Council of Baringo) were liable for violating their rights to life (under Section 71 of the …Read more

Tanzania was awarded funding from the World Bank to repair, upgrade, and expand the water and sewage infrastructure of Dar es Salaam. As a condition of the funding, Tanzania was required to appoint a private company to manage and operate the infrastructure improvements. The plaintiff, a British and German company named Biwater Gauff (“BGT”), won …Read more

The appointment of employees is by virtue of s 89(1) of the Constitution, to be carried out by the Public Service Commission. On 18 May 1999, the Commission delegated the power of appointment of Health Care Assistants (HCAs) to the Permanent Secretary of the Ministry, V. On 24 September 2004 an advertisement was issued, inviting …Read more

The Socio Economic Rights and Accountability Project (“SERAP”) sued the government of Nigeria, alleging that the state violated its citizens’ right to education because of large-scale corruption. The issue was whether the Communication submitted by SERAP was admissible or not. In 2005, it was alleged that the Nigerian Senate and the House of Representatives took …Read more

The applicants, T and S, applied for relief against the 12 respondents in relation to certain vitamin-based pharmaceutical products (“Products”) which T and S alleged were being unlawfully distributed and marketed in South Africa as a treatment for AIDS while the distributors discredited legitimate antiretroviral medicines. T and S produced expert testimony that antiretroviral medicines …Read more

The Institute for Human Rights and Development in Africa (IHRDA) filed a complaint on behalf of Mr. Esmaila Connateh and 13 other Gambians deported from Angola during March through May of 2004. IHRDA’s complaint alleged that Angola arbitrarily arrested and detained the individuals, along with tens of thousands of foreigners who had legally lived and …Read more

On March 21, 2007, the Egyptian Prime Minister issued a Decision (“The Decision”), no. 637/2007, establishing the Egyptian Holding Company for Health Care (“The Holding Company”). The Decision transferred the assets of the Public Health Insurance Organization’s (“HIO”) hospitals and clinics to The Holding Company and its affiliates, declaring the assets privately owned by the …Read more

In 1996, the plaintiff, Mrs. Hadijatou Mani Koraou, was sold at the age of 12 to 46-year-old Mr. El Hadj Souleymane Naroua, for the sum of two hundred and forty-thousand francs. This transaction occurred as a “Wahiya,” a common practice in the Republic of Niger, which consists in acquiring a young girl, generally of servile status, to serve as both …Read more

L, a women’s rights advocacy group, filed two petitions dealing with the constitutional validity of sections of the Ugandan Penal Code Act regarding adultery and sections of the Succession Act regarding gender equality in succession and inheritance. L argued that s 154 of the Penal Code Act was inconsistent with Articles 20,[1] 21,[2] 24,[3] 26,[4] …Read more

A public sector strike took place in 2007. The State contended that not all employees of the State have a right to participate in such a public sector strike, in particular those engaged in essential services. The State subsequently obtained an order in which an interdict was granted to the effect that essential services employees …Read more

On 11 August 2002, K was convicted of killing his two year old stepson by tying him up and burying him alive. K admitted that he had committed the act but claimed to have been acting in a state of temporary insanity induced by smoking Indian hemp. He was found guilty of murder, which carries …Read more