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SERAC v Nigeria

In the process of challenging the Nigerian government’s human rights abuses and complicity in environmental destruction in the Niger Delta, a diverse group of communities came together to exercise their voice and hold the government accountable before the African Commission on Human and People’s Rights. The case succeeded on putting the governments abuses on record, […]

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Centre for Minority Rights Development (Kenya) and Minority Rights Group International on behalf of Endorois Welfare Council v Kenya (2003)

The complainants, two NGOs, raised the case against Kenya on behalf of the Enderois people following the forceful removal of the Enderois people from their ancestral lands surrounding lake Bogoria, Baringo, and Koiatek without consultation or compensation. The reason for this removal was to expand the Lake Hannington Game Reserve to increase revenue from tourism. […]

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Case of Gangaram Panday v. Suriname (Inter-American Court of Human Rights)

The family of a person who died in military custody at an airport brought a claim against the State for violating the deceased’s right to liberty, and other rights. The IACtHR held that the failure to present reasons for the detention or a charge amounted to an arbitrary detention and a violation of the right […]

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Article 99, The Constitution of Pakistan

This provides courts in Pakistan with the power to issue a writ of habeas corpus to demand that people unlawfully held in detention can be released. The Pakistani Supreme Court has exercised this power in many cases, including: Government of West Pakistan v. Begum Agha Abdul Karim Shorish Kashmiri Muhammad Azam Malik v. A.C. Karachi

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Marcos Antonio Aguilar-Rodriguez (United States of America)

Mr. Aguilar-Rodrigez was a national of El Salvador who lived in the USA after fleeing El Salvador. In 2011 he was stopped by police for speeding, but never received a speeding ticket. The police alleged that he was intoxicated and served a 13-day jail term. Instead of being released, he was transferred to Immigration and […]

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Constitution of the Republic of Ghana

The Constitution of Ghana says that “every person in Ghana, whatever his race, place of origin, political opinion, colour, religion, creed or gender shall be entitled to the fundamental human rights and freedoms of the individual … but subject to respect for the rights and freedoms of others and for the public interest“.

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Mukong v Cameroon (UN Human Rights Committee)

Mr. Mukong was a journalist, writer and opponent of the one-party system in Cameroon. He was arrested following an interview with the BBC in which he criticised the President of Cameroon and its Government. He was detained without charge for a prolonged period, despite repeated requests for information on the reason for his detention. The […]

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UN Basic Principles and Guidelines on Remedies and Procedures on the Right of Anyone Deprived of His or Her Liberty by Arrest or Detention to Bring Proceedings Before Court

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Universal Declaration of Human Rights (“UDHR“)

This is a foundational human rights instrument. Although not binding, it was the first authoritative statement of rights that are now set out in multiple human rights treaties and constitutions.

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Article 253, Costa Rica Criminal Code

Under Costa Rica’s Criminal Code, a judge must review bail decisions every 3 months an accused is in custody. Similar rules exist in El Salvador, Paraguay, Venezuela and the Dominican Republic.

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