Wakilii

Commission Nationale des Droits de L'Homme et des Liberté v Chad (Communication No. 74-92)

African Commission on Human and Peoples' Rights · [1995] ACHPR 12 · 1995 Communication Upheld — Violations Found AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Communication alleging human rights violations before the African Commission on Human and Peoples' Rights
Decision
Communication upheld; violations found; matter referred to OAU Assembly of Heads of State and Government under Article 58

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission found Chad responsible for serious and massive violations of human rights under the African Charter. The Commission held that states parties cannot derogate from Charter obligations during civil war or emergency, and that a state's failure to secure citizens' safety and investigate violations constitutes a breach even where violations are committed by non-state actors. Where a government fails to substantively respond to allegations, the Commission will decide on the facts provided by the complainant.

Outcome

Communication upheld; violations found; matter referred to OAU Assembly of Heads of State and Government under Article 58

Facts

The communication alleged widespread human rights violations in Chad during civil conflict, including harassment of journalists by unidentified individuals claimed to be government security agents, arbitrary arrest and detention of opposition party members and others without trial, killings of at least 15 people, wounding of 200, torture, disappearances, and assassinations including those of Bisso Mamadou and Joseph Betudi. The Government of Chad denied responsibility, claiming it had no control over violations by other parties during the civil war. The Government failed to provide substantive responses to the allegations, issue protection when warned of danger to individuals, or conduct investigations into killings. The Commission conducted the 18th Session hearing with only the complainant's representative present.

Issues

  1. Whether Chad violated the African Charter by failing to protect human rights during civil conflict.
  2. Whether a state can derogate from African Charter obligations during a state of emergency or civil war.
  3. Whether the state is responsible for human rights violations committed by non-state actors when it fails to provide security and conduct investigations.
  4. Whether the Commission should proceed on the basis of uncontested allegations where the respondent state fails to substantively respond.

Orders

  • Communication declared admissible.
  • Serious and massive violations of human rights in Chad found.
  • Violations of Articles 4, 5, 6, and 7 of the African Charter found.
  • Article 58 invoked to draw the attention of the Assembly of Heads of State and Government of the OAU to the violations.

Rules and key headnotes

Human Rights — State Responsibility — Positive Obligations — Duty to Protect Rights from Violation by Non-State Actors
Under Article 1 of the African Charter, states parties must not only recognize rights but undertake measures to give effect to them; if a state neglects to ensure the rights in the Charter, this constitutes a violation even if the state or its agents are not the immediate cause of the violation.
Human Rights — Derogation — Emergency Situations and Civil War — Non-Derogability under African Charter
The African Charter, unlike other human rights instruments, does not allow states parties to derogate from their treaty obligations during emergency situations; even a civil war cannot be used as an excuse by a state for violating or permitting violations of rights in the Charter.
Human Rights — State Responsibility — Failure to Provide Security and Investigate — Responsibility for Non-State Actor Violations
Where a state fails to provide security and stability thereby allowing serious violations of human rights, and where national armed forces participate in civil conflict and the government fails to intervene to prevent assassinations or conduct investigations into murders, the state is responsible for violations of the African Charter even where it cannot be proved that violations were committed by government agents.
Evidence — Burden of Proof — Uncontested Allegations — Treatment as Established Facts
Where allegations of human rights abuse go uncontested by the government concerned, the Commission must decide on the facts provided by the complainant and treat those facts as given; this principle conforms with the practice of other international human rights adjudicatory bodies and the Commission's duty to protect human rights.

Legislation cited (7)

  • African Charter on Human and Peoples' Rights Article 1
  • African Charter on Human and Peoples' Rights Article 4
  • African Charter on Human and Peoples' Rights Article 5
  • African Charter on Human and Peoples' Rights Article 6
  • African Charter on Human and Peoples' Rights Article 7
  • African Charter on Human and Peoples' Rights Article 10
  • African Charter on Human and Peoples' Rights Article 58

Cases cited (1)

  • communications 59/91, 60/91, 64/91, 87/93 and 101/93

Full judgment

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The original judgment as reported. Read the original PDF before relying on any passage.

Commission Nationale des Droits de L'Homme et des Liberté v Chad (Communication No. 74-92) [1995] ACHPR 12 (11 October 1995)
Source: this page presents Wakilii’s issue analysis and metadata for a publicly reported Ugandan judgment. Any AI-generated summary is marked as such. Judgment text is sourced from the Uganda Legal Information Institute (ulii.org). Wakilii is not affiliated with ULII.