Logo of ACHPR (African Association of Human Rights) featuring a stylized map of Africa and the acronym ACHPR.
ACHPR African Commission on Human & Peoples' Rights
Human Rights our Collective Responsibility
REPORT ON ARTICLE 5 OF
THE AFRICAN CHARTER'S JURISPRUDENCE
by
COMMITTEE FOR THE PREVENTION OF TORTURE IN AFRICA
African Union
ACHPR African Commission on Human and Peoples' Rights
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
REPORT ON ARTICLE 5 OF THE AFRICAN CHARTER'S JURISPRUDENCE
by
COMMITTEE FOR THE PREVENTION OF TORTURE IN AFRICA
With the technical support of Center for Reproductive Rights (research completed with the support of a pro bono team at Dentons)
Page 2 of 40
Table of contents
| I. | Acknowledgments. | 4 |
|---|---|---|
| II. | Summary | 4 |
| III. | Introduction | 4 |
| IV. | Decisions of the African Commission on Human and Peoples' Rights (The "Commission") | 5 |
| a) | Burden of proof | 5 |
| b) | Substance of Article 5 | 5 |
| c) | Specific acts falling under Article 5 | 6 |
| d) | Summaries of the Commission's decisions on Article 5 | 7 |
| Arbitrary Arrest and Detention | 7 | |
| Death Sentence / Penalty | 12 | |
| Violations resulting from warfare and military Operations. | 14 | |
| Violations against Vulnerable Persons and Groups | 15 | |
| Physical Assault & Police Misconduct | 16 | |
| Citizenship, Nationality & Related Rights | 18 | |
| Detention & Treatment in Prisons | 19 | |
| Trafficking in Persons and Modern Slavery | 19 | |
| Extra Judicial Killings and Enforced Disappearances | 19 | |
| Child Marriage | 20 | |
| V. | Other Relevant Regional, Sub-Regional and National Bodies | 21 |
| I. | Jurisprudence of the African Court on Human and Peoples' Rights (the "Court") | 21 |
| a) | Burden of proof | 21 |
| b) | Substance of Article 5 | 22 |
| c) | Specific acts falling under Article 5 | 22 |
| d) | Summaries of the Court's decisions on Article 5 | 23 |
| II. | Economic Community of West African States Court of Justice ("Court of Justice") | 29 |
| a) | Burden of proof | 29 |
| b) | Substance of Article 5 | 30 |
| c) | Summaries of the Court of Justice's Decisions on Article 5 | 30 |
| III. | Application of Art. 5 of the Charter in National Level Jurisprudence | 34 |
| IV. | Recommendations | 36 |
| a) | Clarification on the meaning of 'prima facie' evidence | 36 |
| b) | Potential outreach to expand Article 5 jurisprudence | 37 |