The Prohibition of Torture and Ill-treatment in the African Human Rights System: A HANDBOOK FOR VICTIMS AND THEIR ADVOCATES human rights violations.73 States may also submit cases to the Court.74 A distinct difference between the Court and the Commission is that decisions of the former are legally binding on States Parties. As far as its promotional role is concerned, the Commission’s mandate remains intact. The Court consists of eleven judges selected because they are jurists of high moral character with recognized practical, judicial or academic ability in the field of human and peoples’ rights. The first judges were sworn in on 3 July 2006. Under the Protocol, judges shall serve a term of six years, which may be renewed once.75 The quorum for a sitting of the Court shall be seven.76 Unlike the Commission, whose secretariat was initially staffed by the secretariat of the OAU, and later by the Commission of the AU, the Court has its own registry with dedicated staff.77 Its functioning is governed by the Protocol and by Rules of Procedure which were adopted by the Court in 2010.78 The Protocol empowers the Court to provide legal assistance to litigants if ‘the interests of justice so require’.79 The Court sits and conducts its proceedings in public80 and is required to deliver its decisions within ninety days of the conclusion of its deliberations.81 A judgment of the Court is binding on States Parties, who are obligated to guarantee its execution. However, there are issues relating to implementation of decisions, as discussed in Part C, section 13 of this Handbook.82 73 74 75 76 77 78 79 80 81 82 32 African Court on Human and Peoples’ Rights, African Commission on Human and Peoples’ Rights v. Great Socialist Peoples’ Libyan Arab Jamahiriya App. No. 004/2011 (25 March 2011); African Commission on Human and Peoples’ Rights v. Libya, App. No. 002/2013 (2013); African Commission on Human and Peoples’ Rights v. Kenya, App. No. 006/2012 (15 March 2013). African Human Rights Court Protocol, supra note 22, Article 5. African Human Rights Court Protocol, supra note 22, Article 15(1): ‘The judges of the Court shall be elected for a period of six years and may be re-elected only once. The terms of four judges elected at the first election shall expire at the end of two years, and the terms of four more judges shall expire at the end of four years.’ The current judges of the Court are: Justice Sophia Akuffo (Ghana) (2 years), Judge Bernard Makgabo (South Africa) (6 years), Justice Gérard Niungeko (Burundi) (two years), Justice Fatsah Ouguergouz (Algeria) (6 years), Justice Augustino Ramadhani (Tanzania) (6 years), Justice Duncan Tambala (Malawi) (6 years), Justice Elsie Nwanwuri Thomson (Nigeria) (6 years), Justice Sylvain Ore (Côte d’Ivoire) (4 years), Justice El Hadji Guissé (Senegal) (6 years), Justice Ben Kioko (Kenya) (6 years),and Justice Kimelabalou Aba (Togo) (4 and half year term). African Human Rights Court Protocol, Article 23. Ibid., Article 24. The 2010 Rules of Procedure replaced the Interim Rules of Procedure adopted by the Court in 2008. See: African Union, Rules of Court, available at www.african-court.org. Ibid., Article 10(2). Ibid., Article 10(1). Ibid., Article 28. Ibid., Article 30.

Select target paragraph3

Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents