Protocol on the African Human Rights Court
45
Article 21: Presidency of the Court
1.
The Court shall elect its President and one Vice-President for a period
of two years. They may be re-elected only once.
2.
The President shall perform judicial functions on a full-time basis and
shall reside at the seat of the Court.
3.
The functions of the President and the Vice-President shall be set out in
the Rules of Procedure of the Court.
Article 22: Exclusion
If a judge is a national of any state which is a party to a case submitted to the
Court, that judge shall not hear the case.
Article 23: Quorum
The Court shall examine cases brought before it, if it has a quorum of at least
seven judges.
Article 24: Registry of the Court
1.
The Court shall appoint its own Registrar and other staff of the registry
from among nationals of member states of the OAU according to the Rules of
Procedure.
2.
The office and residence of the Registrar shall be at the place where the
Court has its seat.
Article 25: Seat of the Court
1.
The Court shall have its seat at the place determined by the Assembly
from among state parties to this Protocol. However, it may convene in the
territory of any member state of the OAU when the majority of the Court
considers it desirable, and with the prior consent of the state concerned.
2.
The seat of the Court may be changed by the Assembly after due
consultation with the Court.
Article 26: Evidence
1.
The Court shall hear submissions by all parties and if deemed necessary,
hold an enquiry. The states concerned shall assist by providing relevant
facilities for the efficient handling of the case.
2.
The Court may receive written and oral evidence including expert
testimony and shall make its decision on the basis of such evidence.
Article 27: Findings
1.
If the Court finds that there has been violation of a human or peoples’
right, it shall make appropriate orders to remedy the violation, including the
payment of fair compensation or reparation.
2.
In cases of extreme gravity and urgency, and when necessary to avoid
irreparable harm to persons, the Court shall adopt such provisional measures
as it deems necessary.
Article 28: Judgment
1.
The Court shall render its judgment within ninety (90) days of having
completed its deliberations.
2.
The judgment of the Court decided by majority shall be final and not
subject to appeal.
3.
Without prejudice to sub-article 2 above, the Court may review its
decision in the light of new evidence under conditions to be set out in the
Rules of Procedure.
4.
The Court may interpret its own decision.