Abstract

NANIMA, Robert Doya. Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations. De Jure (Pretoria) [online]. 2020, vol.53, n.1, pp.307-331. ISSN 2225-7160.  http://dx.doi.org/10.17159/2225-7160/2020/v53a20.

The normative framework of the African Commission, which regulates the admission of evidence obtained through human rights violations, is largely based on a number of instruments. These include the Tunisian Resolution, the Dakar Declaration, the Robben Island Guidelines and the Principles and Guidelines on the Right to a Fair Trial and Legal Representation in Africa. It is argued that the emerging jurisprudence on evidence obtained through human rights violations has a limited developmental framework, owing to the normative framework. This contribution discusses the normative framework, and qualifies the limited jurisprudence. The final step engages the jurisprudence of the Commission followed by a conclusion and recommendations.

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