digbeejaye koonjul v the republic of mauritius communication 569 of 2015 2020 achpr 2 17 august 2020

digbeejaye koonjul v the republic of mauritius communication 569 of 2015 2020 achpr 2 17 august 2020

The communication was declared inadmissible because the complainant failed to submit the complaint within a reasonable period after exhaustion of local remedies, as required by Article 56(6) of the African Charter. The delay of approximately three years was not justified.

Citation
digbeejaye koonjul v the republic of mauritius communication 569 of 2015 2020 achpr 2 17 august 2020
Parties
Complainant: Digbeejaye Koonjul; Respondent State: The Republic of Mauritius
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
17 August 2020
Procedural Posture
Communication to African Commission on Human and Peoples' Rights / Admissibility Decision
Outcome
Communication declared inadmissible
Legal Topics
Right to Fair Trial, Exhaustion of Local Remedies, Admissibility of Communications, Equality Before the Law, Non Discrimination
Source Language
English
Human Rights Law Criminal Law Right to Fair Trial Exhaustion of Local Remedies Admissibility of Communications Equality Before the Law Non Discrimination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 7 Party arguments 2
Sign in to unlock

Parties

Digbeejaye Koonjul

Complainant

The Republic of Mauritius

Respondent State

Procedural Posture

Communication to African Commission on Human and Peoples' Rights / Admissibility Decision

Legal Issues

  1. 1 Whether the complaint is admissible under Article 56 of the African Charter on Human and Peoples' Rights
  2. 2 Whether the complainant exhausted local remedies
  3. 3 Whether the complaint was submitted within a reasonable period after exhaustion of local remedies

Ratio Decidendi

The communication was declared inadmissible because the complainant failed to submit the complaint within a reasonable period after exhaustion of local remedies, as required by Article 56(6) of the African Charter. The delay of approximately three years was not justified.

Court Disposition

Communication declared inadmissible

Orders

  • Communication is inadmissible for failure to comply with Article 56(6) of the African Charter
  • Decision to be notified to the parties in accordance with Rule 107(3) of the Rules of Procedure