africa legal aid v the gambia communication 209 of 1997 2000 achpr 13 11 may 2000

The Commission found that the complainant had not satisfied the requirement for exhaustion of local remedies as stipulated in Article 56(5) of the Charter, rendering the communication inadmissible.

Citation: africa legal aid v the gambia communication 209 of 1997 2000 achpr 13 11 may 2000
Parties: Complainant: Africa Legal Aid; Respondent State: The Gambia
Court: ACHPR
Jurisdiction: Tanzania
Judgment Date: 11 May 2000
Procedural Posture: Communication (human Rights) / Admissibility Decision
Outcome: Communication declared inadmissible
Legal Topics: Detention Without Charge, Exhaustion of Local Remedies, Right to Liberty, Right to Fair Trial
Source Language: English

Human Rights Law International Law Detention Without Charge Exhaustion of Local Remedies Right to Liberty Right to Fair Trial

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Parties

Africa Legal Aid

Complainant

The Gambia

Respondent State

Procedural Posture

Communication (human Rights) / Admissibility Decision

Legal Issues

1 Whether the communication is admissible under Article 56(5) of the African Charter on Human and Peoples' Rights
2 Whether local remedies were exhausted or inapplicable

Ratio Decidendi

The Commission found that the complainant had not satisfied the requirement for exhaustion of local remedies as stipulated in Article 56(5) of the Charter, rendering the communication inadmissible.

Court Disposition

Communication declared inadmissible