004/12 Emmanuel Joseph Uko and Others v. The
Republic of South Africa
IN THE MATTER OF
EMMANUEL JOSEPH UKO AND OTHERS
V.
THE REPUBLIC OF SOUTH AFRICA
APPLICATION 004/2012
DECISION

The Court composed of: Gérard NIYUNGEKO, President; Sophia A.B. AKUFFO, Vice-President; Modibo
T. GUINDO, Fatsah OUGUERGOUZ, Augustine S.L. RAMADHANI, Duncan TAMBALA, Elsie N.
THOMPSON and Sylvain ORE- Judges; and Robert ENO - Registrar,

ln the matter of:
EMMANUEL JOSEPH UKO AND OTHERS
V.
THE REPUBLIC OF SOUTH AFRICA.

After deliberations,
makes the following decision :
1. By Application dated 20 February 2012, Mr. Emmanuel Joseph Uko, a national of the Federal Republic
of Nigeria, seized the Court, on his behalf and on behalf of his family members resident in South Africa,
with a petition against the Republic of South Africa, for violations of articles 2, 3, 4, 5, 6, 7, 10, 11, 18 and
19 of the African Charter on Human and Peoples' Rights, as well as the provisions of the African Charter
on the Rights and Welfare of the Child , and Articles 7
× No one shall be subjected to torture or to cruel, inhuman or degrading treatment or punishment. In
particular, no one shall be subjected without his free consent to medical or scientific experimentation
,10
× Article 10:(1)All persons deprived of their liberty shall be treated with humanity and with respect for the
inherent dignity of the human person. (2)(a)Accused persons shall, save in exceptional circumstances, be
segregated from convicted persons and shall be subject to separate treatment appropriate to their status as
unconvicted persons; (2)(b)Accused juvenile persons shall be separated from adults and brought as
speedily as possible for adjudication.(3)The penitentiary system shall comprise treatment of prisoners the
essential aim of which shall be their reformation and social rehabilitation. Juvenile offenders shall be
segregated from adults and be accorded treatment appropriate to their age and legal status.
,12
× Article 12:(1)Everyone lawfully within the territory of a State shall, within that territory, have the right to
liberty of movement and freedom to choose his residence. (2)Everyone shall be free to leave any country,
including his own.(3)The above-mentioned rights shall not be subject to any restrictions except those which
are provided by law, are necessary to protect national security, public order (ordre public), public health or
morals or the rights and freedoms of others, and are consistent with the other rights recognized in the
present Covenant. (4)No one shall be arbitrarily deprived of the right to enter his own country.
, 13
× An alien lawfully in the territory of a State Party to the present Covenant may be expelled therefrom only
in pursuance of a decision reached in accordance with law and shall, except where compelling reasons of
national security otherwise require, be allowed to submit the reasons against his expulsion and to have his
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