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A practical guide to the Istanbul Protocol – for lawyers
ment record of States is generally weak.
Most States have tended to pay compensation when ordered in judgments by the
European Court of Human Rights and the
Inter-American Court of Human Rights but
have often failed to comply with orders to
institute investigations and to bring about
legislative changes. The enforcement is even
weaker with regard to quasi-judicial bodies,
such as the African Commission on Human
and Peoples’ Rights, the Committee against
Torture and the Human Rights Committee
where states have either largely ignored decisions or even openly refused to comply. A
glaring example is the recent decision by
the Sri Lankan Supreme Court in the Singarasa case, where it held that Sri Lanka is not
bound to comply with the views of the UN
Human Rights Committee because the ICCPR
is not implemented in national law and the
views of the Committee are not binding.208 It
is therefore imperative for lawyers to followup decisions with the national authorities,
to seek enforcement before domestic courts
or to inform the relevant human rights bodies about inadequate or lacking implementation.
III. REGIONAL HUMAN RIGHTS SYSTEMS
1. THE AFRICAN SYSTEM
FOR PROTECTION OF HUMAN
RIGHTS
a. African Commission on Human
and Peoples’ Rights
Established by the African Charter on Human and Peoples’ Rights, which came into
force on 21 October 1986 after its adoption
by the Assembly of Heads of State and Government of the Organisation of African Unity
(OAU), the African Commission on Human
and Peoples’ Rights is charged with ensuring the promotion and protection of Human
and Peoples’ Rights throughout the African
continent.
The procedure followed by the Commission
in considering complaints is of a highly confidential nature. Complaints can be made
by States (against other States Parties) or by
others (physical or moral person, private or
public, African or international persons). In
the latter case, the Commission considers
complaints at the request of the majority of
its members.
Provisional measures
If the victim’s life, personal integrity or
health is in imminent danger, the Commission has the power under Rule 111 of its Rules
of Procedure to adopt provisional measures,
thereby urging the State concerned not to
take any action that will cause irreparable
damage to the victim until the case has been
heard by the Commission. The Commission
can also adopt other urgent measures as it
sees fit.
Admissibility of complaints
Individuals and organisations may lodge a
complaint with the African Commission alleging that a State Party to the African Charter on Human and Peoples’ Rights has violated one or more of the rights guaranteed.
For a complaint to be admissible:
• The communication must include the author’s name even if the author wants to
remain anonymous
• The communication must be compatible
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