luchagula c republique unie de tanzanie requete n0392016 2020 afchpr 19 25 septembre 2020

luchagula c republique unie de tanzanie requete n0392016 2020 afchpr 19 25 septembre 2020

The application was declared inadmissible because it was not filed within a reasonable time after exhaustion of domestic remedies, as required by Article 56(6) of the Charter and Article 40(6) of the Rules. The applicant failed to provide sufficient justification for the delay of over six years after the relevant...

Source-derived case information.

Citation
luchagula c republique unie de tanzanie requete n0392016 2020 afchpr 19 25 septembre 2020
Parties
Applicant: Chananja Luchagula; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
Application declared inadmissible
Legal Topics
Right to Fair Trial, Exhaustion of Domestic Remedies, Reasonable Time for Application, Non Discrimination, Right to Life, Prohibition of Torture
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Exhaustion of Domestic Remedies Reasonable Time for Application Non Discrimination Right to Life Prohibition of Torture

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Parties

Chananja Luchagula

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the applicant exhausted domestic remedies
  2. 2 Whether the application was filed within a reasonable time
  3. 3 Whether the applicant's rights under the African Charter were violated

Ratio Decidendi

The application was declared inadmissible because it was not filed within a reasonable time after exhaustion of domestic remedies, as required by Article 56(6) of the Charter and Article 40(6) of the Rules. The applicant failed to provide sufficient justification for the delay of over six years after the relevant date, and did not prove indigence or other circumstances warranting an exception.

Court Disposition

Application declared inadmissible

Orders

  • Exception to material jurisdiction rejected
  • Court declared competent