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Umuhoza v. Republic of Rwanda

African Court on Human and Peoples’ Rights.  24 November 2017 ; 07 December 2018 .

Published online by Cambridge University Press:  01 January 2021

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Abstract

Human rights — Right to fair trial — Right to defence — African Charter on Human and Peoples’ Rights, 1981, Article 7 — International Covenant on Civil and Political Rights, 1966, Article 14 — Due process in criminal trial — Right to cross-examine witnesses — Bar on retroactive legislation — Retroactive application of law legitimate when effect was to reduce sentence — Right to freedom of expression and opinion — African Charter on Human and Peoples’ Rights, Article 9(2) — International Covenant on Civil and Political Rights, Article 19 — Limits on freedom of expression — Rwanda — Prohibition of negation of genocide — Whether legitimate — Whether penalty proportionate

International tribunals — African Court on Human and Peoples’ Rights — Jurisdiction — Material jurisdiction — Whether Court having jurisdiction to hear the application — Admissibility — Whether application admissible

Damages — Reparations — Claim for damages for violation of African Charter of Human and Peoples’ Rights, 1981 and International Covenant on Civil and Political Rights, 1966 — Release from imprisonment — Pecuniary damages — Whether evidence substantiating claims — Moral damages — Whether violation of applicant’s rights negatively impacting family members — Whether close family members eligible to receive moral damages — Medical evidence

Evidence before international courts and tribunals — African Court on Human and Peoples’ Rights — Claim for damages for violation of African Charter of Human and Peoples’ Rights, 1981 and International Covenant on Civil and Political Rights, 1966 — Requirement of evidence of material prejudice arising from violation of human right — Whether link shown between material loss and violation — Presumption of moral prejudice on part of applicant due to detention conditions — Whether medical evidence violation of applicant’s rights negatively impacting close family members

Type
Case Report
Copyright
© Cambridge University Press 2020

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