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African Human Rights Yearbook
On-line version ISSN 2663-323X
Print version ISSN 2523-1367
Abstract
BASSONGA KHIESSIE, Quiterie. Adversarial proceedings before the African Court on Human and Peoples' Rights. AHRY [online]. 2021, vol.5, pp.51-72. ISSN 2663-323X. http://dx.doi.org/10.29053/2523-1367/2021/v5a3.
As a universal principle, adversarial proceedings are implemented by all international human rights courts. The African Court on Human and Peoples' Rights is no exception, as adversarial proceedings are also enshrined in article 7(1)(c) of the African Charter on Human and Peoples' Rights and in article 26 of the Protocol establishing the Court. However, the universal formal enshrinement of adversarial proceedings does not guarantee uniformity in its implementation. The purpose of this article is to demonstrate, through exegetical and casuistic methods, that despite the laconic formulation of the adversarial principle in the African Charter on Human and Peoples' Rights, the Court is consolidating this principle. In the African legal system, the particularity of adversarial proceedings is more perceptible when viewed in the light of the jurisprudence of the African Court. An examination of the Court's case law reveals that adversarial proceedings are an established principle before the African human and peoples' rights tribunal
Keywords : Fair Hearing; African Charter on Human and Peoples' Rights; rights of the defence; African Court on Human and Peoples' Rights; trail.