southern africa human rights ngo network and others v tanzania communication 333 of 2006 2010 achpr 107 26 may 2010

southern africa human rights ngo network and others v tanzania communication 333 of 2006 2010 achpr 107 26 may 2010

The communication was declared inadmissible because it was not submitted within a reasonable period after exhaustion of local remedies, as required by Article 56(6) of the African Charter. The eleven-year delay was found unreasonable, and no explanation for the delay was provided by the complainants.

Citation
southern africa human rights ngo network and others v tanzania communication 333 of 2006 2010 achpr 107 26 may 2010
Parties
Complainant: Southern Africa Human Rights NGO Network-Tanzania and its member organizations; Respondent State: United Republic of Tanzania
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
26 May 2010
Procedural Posture
Communication (human Rights) / Admissibility Decision
Outcome
Inadmissible
Legal Topics
Death Penalty, Right to Life, Exhaustion of Local Remedies, Admissibility of Communications, Delay in Filing, Torture and Inhuman Treatment
Source Language
English
Human Rights Law Constitutional Law Death Penalty Right to Life Exhaustion of Local Remedies Admissibility of Communications Delay in Filing Torture and Inhuman Treatment

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Parties

Southern Africa Human Rights NGO Network-Tanzania and its member organizations

Complainant

United Republic of Tanzania

Respondent State

Procedural Posture

Communication (human Rights) / Admissibility Decision

Legal Issues

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

Ratio Decidendi

The communication was declared inadmissible because it was not submitted within a reasonable period after exhaustion of local remedies, as required by Article 56(6) of the African Charter. The eleven-year delay was found unreasonable, and no explanation for the delay was provided by the complainants.

Court Disposition

Inadmissible

Orders

  • Communication declared inadmissible for non-compliance with Article 56(6) of the African Charter
  • Decision to be transmitted to the parties