Protocol on the African Human Rights Court
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Article 8: Consideration of cases
The Rules of Procedure of the Court shall lay down the detailed conditions
under which the Court shall consider cases brought before it, bearing in mind
the complementarity between the Commission and the Court.
Article 9: Amicable settlement
The Court may try to reach an amicable settlement in a case pending before
it in accordance with the provisions of the Charter.
Article 10: Hearings and representation
1.
The Court shall conduct its proceedings in public. The Court may,
however, conduct proceedings in camera as may be provided for in the Rules
of Procedure.
2.
Any party to a case shall be entitled to be represented by a legal
representative of the party’s choice. Free legal representation may be
provided where the interests of justice so require.
3.
Any person, witness or representative of the parties, who appears
before the Court, shall enjoy protection and all facilities, in accordance with
international law, necessary for the discharging of their functions, tasks and
duties in relation to the Court.
Article 11: Composition
1.
The Court shall consist of eleven judges, nationals of member states of
the OAU, elected in an individual capacity from among jurists of high moral
character and of recognised practical, judicial or academic competence and
experience in the field of human and peoples’ rights.
2.
No two judges shall be nationals of the same state.
Article 12: Nominations
1.
State parties to the Protocol may each propose up to three candidates,
at least two of whom shall be nationals of that state.
2.
Due consideration shall be given to adequate gender representation in
the nomination process.
Article 13: List of candidates
1.
Upon entry into force of this Protocol, the Secretary-General of the OAU
shall request each state party to the Protocol to present, within ninety (90)
days of such a request, its nominees for the office of judge of the Court.
2.
The Secretary-General of the OAU shall prepare a list in alphabetical
order of the candidates nominated and transmit it to the member states of
the OAU at least thirty days prior to the next session of the Assembly of Heads
of State and Government of the OAU hereinafter referred to as ‘the
Assembly’.
Article 14: Elections
1.
The judges of the Court shall be elected by secret ballot by the
Assembly from the list referred to in article 13(2) of the present Protocol.
2.
The Assembly shall ensure that in the Court as a whole there is
representation of the main regions of Africa and of their principal legal
traditions.
3.
In the election of the judges, the Assembly shall ensure that there is
adequate gender representation.