Abstract

WINDRIDGE, Oliver. In default: African Commission on Human and Peoples' Rights v Libya. Afr. hum. rights law j. [online]. 2018, vol.18, n.2, pp.758-776. ISSN 1996-2096.  http://dx.doi.org/10.17159/1996-2096/2018/v18n2a15.

This article examines the judgment in the case of African Commission on Human and Peoples' Rights v Libya before the African Court on Human and Peoples' Rights. It argues that as the first judgment to be delivered in default, it serves as an intriguing foundation, and one that will often be revisited as the African Court takes on more and more cases. The article examines the procedures leading to the African Court taking the step of issuing judgment in default, the procedure itself and its future application. The article also examines the nature of the transfer by the African Commission to the African Court and how this may provide guidance in relation to future transfer cases. The article further examines the African Court's findings under article 6 (right to personal liberty and protection from arbitrary arrest) and article 7 (right to a fair trial) of the African Charter.

Keywords : human rights; African Court on Human and Peoples' Rights; African Commission on Human and Peoples' Rights; right to fair trial; right to liberty.

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