İNSAN HAKLARI

The Court was originally established in Addis Ababa, Ethiopia in November 2006, but then moved to Arusha. The correct answer is C.

The Organization of American States (OAS) was established by the Charter of OAS signed in Bogota, Colombia in 30 April 1948. The correct answer is E.

It is the “American Declaration of the Rights and Duties of Man”, signed on May 2, 1948, i.e. only two days after the signing of the Charter. The correct answer is E.

In November 1969, this Convention was adopted in San José, Costa Rica, where, the InterAmerican Specialized Conference on Human Rights was held, in which the representatives of the member States of the OAS adopted it. The correct answer is A.

Torture is also prohibited by the Convention. Every person has the right to have his physical, mental, and moral integrity respected. No one shall be subjected to torture or to cruel, inhuman, or degrading punishment or treatment. The correct answer is B.

The Court consists of seven members (judges) each elected by secret ballot for a duration of six years and may be reelected only once. The correct answer is D.

Article 9 (Freedom from Ex Post Facto Laws) cannot be suspended or deviated from even in the wake of “war, public danger, or other emergency that threatens the independence or security of a State Party”. Thus, the answer is A.

If a State becomes a Party to the Convention, this automatically paves the way for personal applications whereas intra-state applications can be made possible via the recognition by the States concerned of the jurisdiction of the Commission in this respect (Bozkurt, 2006, 136; Buergenthal, 1995, 199). There are some prerequisites of admissibility sought after by the Commission. The first one is the exhaustion of all local remedies. Article 46 seeks that “the remedies under domestic law have been pursued and exhausted in accordance with generally recognized principles of international law. In addition; “the petition or communication is lodged within a period of six months from the date on which the party alleging violation of his rights was notified of the final judgement ” . Thus, the correct answer is D.

The Commission may request the states concerned to furnish any pertinent information and, if so requested, shall hear oral statements or receive written statements from the parties concerned. Thus, the correct answer is A.

If a settlement is not reached, the Commission shall, within the time limit established by its Statute, draw up a report setting forth the facts and stating its conclusions. If the report, in whole or in part, does not represent the unanimous agreement of the members of the Commission, any member may attach to it a separate opinion. The written and oral statements made by the parties in accordance with paragraph 1.e of Article 48 shall also be attached to the report. 2. The report shall be transmitted to the states concerned, which shall not be at liberty to publish it. 3. In transmitting the report, the Commission may make such proposals and recommendations as it sees fit. Thus, the correct answer is B.

The Organization of African Unity was established in 1963 in African setting. The African Charter of Human and Peoples’ Rights (The African Charter) was adopted in 1981. UN Charter was not established in African setting.

One of the distinctive feature of the Charter is that it includes some those rights that are called “third generation human rights”.

Article 17 of the African Charter explicitly refers to the right to education and right to a free participation in the cultural life of her community.

The Court is composed of 11 Judges, who are expected by the Protocol to have high moral values, high professional recognition and experience. It is another expectation of the Protocol that the nominations should be made from among such a group of individuals, who are either academically successful or who have great practice-oriented careers. Therefore, the answer in A, having international reputation, is not one of the expected qualifications of the Judges.

The American Declaration of the Rights and Duties of Man define the protection of human rights on an international level as “the guiding principle” of American legal systems.

The dates when these actions took place are as follow: The Organization of American States (30 April 1948) -Inter-American Human Rights Commission (in the year 1959)-The American Convention of Human Rights (in November 1969). This makes option C the correct answer.

Both The African Charter and The American Convention of Human Rights share the same clause focusing on freedoms recognized and guaranteed  without distinction of any kind such as race, color, sex, language, religion and  social origin.

The clause in related to punishment states "Capital punishment shall not be imposed upon persons who, at the time the crime was committed, were under 18 years of age or over 70 years of age; nor shall it be applied to pregnant women." Therefore, A is the correct answer.

The first actor created for the better execution of the rules available in the African Charter is the so-called Banjul Commission. The Commission consists of 11 members.

The Protocol came into force on 25 January 2004. Following its entry into force, the first judges of the Court was elected in 2006 by the African Union. D is the correct answer.