fam and others v egypt communication 661 of 2017 2018 achpr 137 6 march 2018

fam and others v egypt communication 661 of 2017 2018 achpr 137 6 march 2018

The Commission found that the Complainant failed to demonstrate exhaustion of domestic remedies or provide reasons for their unavailability, and failed to show that the complaint was submitted within a reasonable time, thus not meeting the admissibility criteria under Rule 93(2).

Citation
fam and others v egypt communication 661 of 2017 2018 achpr 137 6 march 2018
Parties
Complainant: Amir Fam & 141 Others; Respondent State: Arab Republic of Egypt
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
6 March 2018
Procedural Posture
Communication (human Rights Complaint) / Decision on Seizure (preliminary Admissibility)
Outcome
Not admitted (Commission declined to be seized)
Legal Topics
Exhaustion of Domestic Remedies, Reasonable Time for Filing, Rent Control, Right to Property, Right to Housing
Source Language
English
Human Rights Law Property Law Exhaustion of Domestic Remedies Reasonable Time for Filing Rent Control Right to Property Right to Housing

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Parties

Amir Fam & 141 Others

Complainant

Arab Republic of Egypt

Respondent State

Procedural Posture

Communication (human Rights Complaint) / Decision on Seizure (preliminary Admissibility)

Legal Issues

  1. 1 Whether the complaint satisfies the exhaustion of domestic remedies requirement under Rule 93(2)(i) and Article 56 of the African Charter
  2. 2 Whether the complaint was submitted within a reasonable time as required by Rule 93(2)(h) and Article 56(6) of the African Charter

Ratio Decidendi

The Commission found that the Complainant failed to demonstrate exhaustion of domestic remedies or provide reasons for their unavailability, and failed to show that the complaint was submitted within a reasonable time, thus not meeting the admissibility criteria under Rule 93(2).

Court Disposition

Not admitted (Commission declined to be seized)

Orders

  • The Commission declines to be seized of the Communication for failure to meet admissibility criteria under Rule 93(2) of the Rules of Procedure.