interights v namibia communication 239 of 2001 2002 achpr 36 16 may 2002

interights v namibia communication 239 of 2001 2002 achpr 36 16 may 2002

The communication was declared inadmissible because it was submitted before exhaustion of domestic remedies, as required by Article 56(5) of the African Charter.

Citation
interights v namibia communication 239 of 2001 2002 achpr 36 16 may 2002
Parties
Complainant: Interights; Victim: Jose Domingos Sikunda; Respondent State: Namibia
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
16 May 2002
Procedural Posture
Communication to African Commission on Human and Peoples' Rights / Decision on Admissibility
Outcome
Communication declared inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Exhaustion of Domestic Remedies, Detention, Deportation, Risk of Torture, Contempt of Court
Source Language
English
Human Rights Law Exhaustion of Domestic Remedies Detention Deportation Risk of Torture Contempt of Court

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Parties

Interights

Complainant

Jose Domingos Sikunda

Victim

Namibia

Respondent State

Procedural Posture

Communication to African Commission on Human and Peoples' Rights / Decision on Admissibility

Legal Issues

  1. 1 Whether the communication is admissible under Article 56(5) of the African Charter for exhaustion of domestic remedies
  2. 2 Whether the actions of the Namibian authorities violated Articles 4, 5, and 12(4) of the African Charter

Ratio Decidendi

The communication was declared inadmissible because it was submitted before exhaustion of domestic remedies, as required by Article 56(5) of the African Charter.

Court Disposition

Communication declared inadmissible for non-exhaustion of domestic remedies.