mahmoudi c republique de tunisia requete n 0072012 2012 afchpr 4 26 juin 2012

mahmoudi c republique de tunisia requete n 0072012 2012 afchpr 4 26 juin 2012

The Court is manifestly not competent to hear the application as the Republic of Tunisia has not made the declaration required under Article 34(6) of the Protocol, and therefore the application and request for provisional measures must be dismissed for lack of jurisdiction.

Source-derived case information.

Citation
mahmoudi c republique de tunisia requete n 0072012 2012 afchpr 4 26 juin 2012
Parties
Applicant: Baghdadi Ali Mahmoudi; Respondent: Republique de Tunisie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2012
Procedural Posture
Individual Application for Provisional Measures / Preliminary Decision on Jurisdiction
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Jurisdiction of African Court, Provisional Measures, Article 34(6) Protocol, Exhaustion of Domestic Remedies
Source Language
en
International Human Rights Law Jurisdiction of African Court Provisional Measures Article 34(6) Protocol Exhaustion of Domestic Remedies

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Parties

Baghdadi Ali Mahmoudi

Applicant

Republique de Tunisie

Respondent

Procedural Posture

Individual Application for Provisional Measures / Preliminary Decision on Jurisdiction

  1. 1 Whether the African Court has jurisdiction to hear an application by an individual against a State that has not made a declaration under Article 34(6) of the Protocol
  2. 2 Whether the Court can grant provisional measures in the absence of prima facie jurisdiction

Ratio Decidendi

The Court is manifestly not competent to hear the application as the Republic of Tunisia has not made the declaration required under Article 34(6) of the Protocol, and therefore the application and request for provisional measures must be dismissed for lack of jurisdiction.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • The Court is manifestly not competent to hear the application under Articles 5(3) and 34(6) of the Protocol.
  • The request for provisional measures is denied.