Abstract
The African Court on Human and Peoples' Rights has made considerable progress in its jurisprudential activities in the year 2020. Between January and December 2020 the African Court delivered 55 decisions and received 40 new cases and one request for an advisory opinion. The swift response the African Court adopted to the challenges posed by the COVID-19 pandemic in holding three out of four sessions virtually has enabled the Court to reduce the backlog of cases. This article examines the main features of decisions the African Court adopted in 2020. It analyses trends emerging from them and draws possible lessons. The Court's 2020 decisions give an opportunity to critically review the jurisprudential direction of the Court, the number and types of decisions rendered, the quality of the protection of human and peoples' rights it offered as well as its normative contribution to the human rights corpus. While the Court has boldly and uncompromisingly asserted its authority over sensitive domestic issues - prompting four states so far to withdraw their declarations allowing individuals and non-governmental organisations to approach it directly - the Court's 2020 decisions persuasively demonstrate that it has not shied away from its mandate to hold states and their organs to the obligations to which they have committed under international human rights law.
Highlights
The African Court on Human and Peoples’ Rights (African Court) held four sessions in the year 2020 and adopted 55 decisions
In Andrew Ambrose Cheusi v Tanzania (Cheusi case) the applicant alleged that the state had violated his right to equality and equal protection and that he had been subjected to cruel, inhuman and degrading treatment
These cases against Tanzania and the findings of the Court demonstrate a continuous role played by the African Court in ‘humanising’ criminal law and procedures
Summary
The African Court on Human and Peoples’ Rights (African Court) held four sessions in the year 2020 and adopted 55 decisions. This article examines the main features of decisions the African Court adopted in 2020. Decisions of the Court have an impact beyond parties to the dispute and may influence future cases For this reason, broad participation should be welcomed and encouraged to help the Court develop human rights solutions and principles grounded in the experience of individuals and the practice of African states. The second part of this article reviews the trends in the African Court’s 2020 jurisprudence by examining the nature of applicants and respondents, the variety of findings of the Court, judges’ voting pattern, the duration of proceedings, issues arising from reparation and peculiarities of orders for provisional measures. The article notes how the Court has either clarified or failed to clarify the normative content of certain rights and principles to strengthen the protection of fundamental rights
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