Evaluating the jurisprudence of the African Commission on evidence obtained through human rights violations

Robert Doya Nanima

doi:10.17159/2225-7160/2020/v53a20

Abstract

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.

Highlights

The success of any human rights system is based on its institutional, normative and jurisprudential framework
The African Charter is silent on the mode of dealing with evidence obtained through human rights
It is clear that the normative framework of the African Commission was developed to improve the standard of the right to a fair trial, with little regard to the mode of dealing with evidence obtained through human rights violations

Summary

Introduction

The success of any human rights system is based on its institutional, normative and jurisprudential framework. The African Court started operating in 2004 and the African Commission as the focal point of the study is instructive in evaluating its normative framework and the emerging jurisprudence For purposes of this contribution, the normative framework refers to the development of soft law by the African Commission that guides it in adjudicating complaints or communications which arise concerning human rights violations. A great part of this soft law was adopted through resolutions in a bid to improve the right to a fair trial This right is a direct reflection of the subtle issues that form the basis of this contribution about evidence obtained through human rights violations.[11] An overview of the normative framework will aid the analysis of the emerging jurisprudence

Normative framework of the African Commission

Qualifying “limited jurisprudence”

66 Cerna “Universality of Human Rights and Cultural Diversity

Emerging jurisprudence

Findings

Conclusion