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Free Legal Assistance Group and Others v DRC (25-89-47-90-56-91-100-9)

African Commission on Human and Peoples' Rights · [1995] ACHPR 13 · 1995 Violations Found AI-generated summary ↓ Download Pin to watchlist Add to matter
Jurisdiction
Uganda
Case Type
Four consolidated communications alleging serious and massive human rights violations before the African Commission on Human and Peoples' Rights
Decision
Violations found and matter referred to Assembly of Heads of State and Government

Observed later treatment

No later-treatment classification is recorded for this judgment.

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Holding

The African Commission held that the Democratic Republic of Congo committed serious and massive violations of the African Charter on Human and Peoples' Rights. The violations included torture, extrajudicial executions, arbitrary arrests and detention, unfair trials, persecution of religious minorities, restrictions on freedom of association and press, failure to provide basic health services, and closure of educational institutions. The Commission found that where a government fails to respond despite repeated notifications, the Commission may decide on facts provided by complainants and treat those facts as given. The requirement to exhaust local remedies does not apply literally where it is impractical given the vast scope of violations and the general situation in the country.

Outcome

Violations found and matter referred to Assembly of Heads of State and Government

Facts

Four communications were filed between 1989 and 1993 alleging widespread human rights violations in Zaire (now DRC). Communication 25/89 alleged torture of 15 persons by a military unit at Kinsuka and indefinite detention of protesters. Communication 47/90 alleged arbitrary arrests, detention, torture, extrajudicial executions, unfair trials, and restrictions on association, assembly and press freedom. Communication 56/91 alleged persecution of Jehovah's Witnesses including arbitrary arrests, appropriation of church property, and exclusion from education. Communication 100/93 alleged torture, executions, arrests, unfair trials, restrictions on freedoms, mismanagement of public finances, failure to provide basic services including water and medicine, closure of universities and secondary schools for two years, violations of freedom of movement, and incitement of ethnic hatred by official media. Despite numerous notifications between 1989 and 1995, the Government of Zaire never substantively responded to the communications or agreed to receive a Commission mission.

Issues

  1. Whether the requirement to exhaust local remedies applies where violations are vast and varied and the general situation makes domestic remedies impractical.
  2. Whether the alleged acts constitute violations of Articles 4, 5, 6, 7, 8, 16 and 17 of the African Charter.
  3. Whether the failure of a state to respond to communications permits the Commission to decide on facts provided by complainants alone.
  4. Whether the failure to provide basic services such as water, electricity and medicine violates the right to health under Article 16.
  5. Whether closure of educational institutions violates the right to education under Article 17.

Orders

  • Communications declared admissible.
  • The facts constitute serious and massive violations of the African Charter, namely of Articles 4, 5, 6, 7, 8, 16 and 17.
  • The matter to be brought to the attention of the Assembly of Heads of State and Government of the Organisation of African Unity pursuant to Article 58(1) of the Charter.

Rules and key headnotes

Human Rights — Exhaustion of Local Remedies — Impracticality Exception
The requirement to exhaust local remedies under Article 56 of the African Charter does not apply literally where it is impractical or undesirable for complainants to seize domestic courts in respect of each violation, given the vast and varied scope of alleged violations and the general situation prevailing in the state.
Human Rights — Procedure — Uncontested Allegations
Where allegations of human rights abuse go uncontested by the government concerned, even after repeated notifications, the Commission must decide on the facts provided by the complainant and treat those facts as given.
Human Rights — Right to Health — State Obligations
The failure of a government to provide basic services such as safe drinking water, electricity and medicine constitutes a violation of Article 16 of the African Charter, which guarantees the right to enjoy the best attainable state of physical and mental health.
Human Rights — Right to Education — Closure of Educational Institutions
The closure of universities and secondary schools by a government constitutes a violation of Article 17 of the African Charter, which guarantees the right to education.
Human Rights — Freedom of Conscience — Religious Persecution
Harassment and arbitrary arrests of religious believers constitute a violation of Article 8 of the African Charter protecting freedom of conscience, where the government presents no evidence that the practice of their religion threatens law and order.

Legislation cited (10)

  • 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 8
  • African Charter on Human and Peoples' Rights Article 16
  • African Charter on Human and Peoples' Rights Article 17
  • African Charter on Human and Peoples' Rights Article 56
  • African Charter on Human and Peoples' Rights Article 58
  • African Charter on Human and Peoples' Rights Article 58(1)

Cases cited (1)

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

Full judgment

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Free Legal Assistance Group and Others v DRC (25-89-47-90-56-91-100-9) [1995] ACHPR 13 (31 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.