V Africa

Publication Date01 December 1997
AuthorGerd Oberleitner
DOI10.1177/092405199701500409
SubjectArticle
Human Rights News
report and its conclusions because domestic remedies had not been exhausted at the time
the complaint was filed.
The case was submitted to the Court on 12 January 1995. The Government filed the
preliminary objection
of
non-exhaustion
of
domestic remedies. The Court repeated in this
decision its stand on the Castillo Paez Case and Judge Cancado Trindade reiterated his
separate opinion.
V
AFRICA
Gerd Oberleitner
10th
Annual
Activity
Report
of
the
African
Commission
on
Human
and
Peoples'
Rights
The 10th Annual Activity Report
of
the African Commission on Human and Peoples'
Rights, covering the 20th and 21st session
of
the Commission and the activities in between
these sessions, has been published following authorisation
of
the Assembly
of
Heads
of
States and Governments
of
the DAD. It contains information on individual complaints
.dealt with by the Commission and on the special procedures established by the
Commission, i.e. the Special Rapporteur on Extrajudicial, Summary or Arbitrary
Executions and the Special Rapporteur on Prisons and Conditions
of
Detention in Africa.
The report also gives information on two
of
the four missions the Commission has
conducted, namely the visits to Senegal and Mauritania.
At its 16th session in October 1994, Commissioner M. Hatem Ben Salem from Tunisia
was designated Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions,
adecision which was taken in spite
of
inadequate means to provide the Rapporteur with
the necessary resources to perform his task. In addition, the mandate
of
the Rapporteur
Was
decided on by the African Commission only at its 18th session in October 1995. In
1996, the Rapporteur was able to allocate the necessary financial assistance from sources
Outside the OAU. The Rapporteur's mandate comprises the implementation
of
areporting
system on cases
of
extrajudicial, summary and arbitrary executions and the establishment
of
aregister with information on the victims. He shall also follow up enquiries which
could lead to discovering the identity and extent
of
the responsibility
of
the authors and
initiators
of
acts
of
extrajudicial, summary and arbitrary executions, alert the African
Commission and the DAD and urge States to initiate national judicial procedures in such
cases. He shall furthermore examine the modalities
of
the creation
of
acompensation
tnechanism for the families
of
victims.
In the greater part
of
his report, as attached to the Annual Activity Report, the
Rapporteur attempts to put his mandate in concrete terms. As a priority, he plans to
examine the possible establishment
of
acomputerised database
of
cases
of
extrajudicial,
SUmmary and arbitrary executions. He will also explore ways and means to collect
information from
NGOs
and to cooperate with the Special Rapporteur on Extrajudicial,
Summary or Arbitrary Executions
of
the United Nations. The Rapporteur
of
the African
Commission intends to publicise information on his activities in a bulletin to be issued
before each session
of
the Commission. In his reports to the Commission, he will, in
addition, evaluate the adequacy and credibility
of
inquiries made by national bodies and
the conclusions
of
judicial procedures. In order to extent his mandate and with a view to
prevent imminent executions, the Rapporteur considers the establishment
of
an early-
Warning mechanism for human rights violations in African States necessary. To date, the
525

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