blen c republique du mali requete n 0472020 2022 afchpr 49 1 decembre 2022

blen c republique du mali requete n 0472020 2022 afchpr 49 1 decembre 2022

The application was declared inadmissible because the applicant had not exhausted available domestic remedies, as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Court’s Rules. The proceedings at the national level were still ongoing at the time of the application, and the applicant did not...

Source-derived case information.

Citation
blen c republique du mali requete n 0472020 2022 afchpr 49 1 decembre 2022
Parties
Applicant: Adama Diarra dit Vieux Blén; Respondent: République du Mali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
Application declared inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Right to Liberty, Right to Fair Trial, Exhaustion of Domestic Remedies, Separation of Powers, Judicial Independence
Source Language
en
Human Rights Law Criminal Procedure Right to Liberty Right to Fair Trial Exhaustion of Domestic Remedies Separation of Powers Judicial Independence

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Parties

Adama Diarra dit Vieux Blén

Applicant

République du Mali

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the applicant exhausted domestic remedies before seizing the Court
  2. 2 Whether the applicant's rights to liberty and fair trial were violated by the procedure of pre-trial detention and the role of the prosecutor

Ratio Decidendi

The application was declared inadmissible because the applicant had not exhausted available domestic remedies, as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Court’s Rules. The proceedings at the national level were still ongoing at the time of the application, and the applicant did not demonstrate that remedies were unavailable, ineffective, or unduly prolonged.

Court Disposition

Application declared inadmissible for non-exhaustion of domestic remedies.

Orders

  • The Court declares itself competent.
  • The Court upholds the objection of inadmissibility for non-exhaustion of domestic remedies.