a v cameroon communication 258 of 2002 2004 achpr 53 4 june 2004

a v cameroon communication 258 of 2002 2004 achpr 53 4 june 2004

The African Commission found that since the alleged victims had been tried and released by competent courts, and the complainant intended to pursue compensation through negotiations with the state, local remedies had not been exhausted. Therefore, the communication was inadmissible under Article 56(5) of the African Charter.

Citation
a v cameroon communication 258 of 2002 2004 achpr 53 4 june 2004
Parties
Complainant: Miss A; Respondent State: Republic of Cameroon
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
4 June 2004
Procedural Posture
Communication (human Rights) / Admissibility Decision
Outcome
Communication declared inadmissible for non-exhaustion of local remedies.
Legal Topics
Detention Without Trial, Exhaustion of Local Remedies, Right to Fair Trial, Compensation for Unlawful Detention
Source Language
English
Human Rights Law Detention Without Trial Exhaustion of Local Remedies Right to Fair Trial Compensation for Unlawful Detention

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Parties

Miss A

Complainant

Republic of Cameroon

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 due to exhaustion of local remedies
  2. 2 Whether the prolonged detention without trial constituted a violation of the African Charter

Ratio Decidendi

The African Commission found that since the alleged victims had been tried and released by competent courts, and the complainant intended to pursue compensation through negotiations with the state, local remedies had not been exhausted. Therefore, the communication was inadmissible under Article 56(5) of the African Charter.

Court Disposition

Communication declared inadmissible for non-exhaustion of local remedies.