falana v comissao africana dos direitos humanos e dos povos requerimento inicial no 0192015 2015 afchpr 41 20 novembro 2015

falana v comissao africana dos direitos humanos e dos povos requerimento inicial no 0192015 2015 afchpr 41 20 novembro 2015

The Court lacks jurisdiction to hear the application because the respondent is not a State Party to the Charter or Protocol and has not made the declaration under Article 34(6); the applicant therefore lacks standing. The Court also cannot compel the Commission to refer cases to it, as the institutions are...

Source-derived case information.

Citation
falana v comissao africana dos direitos humanos e dos povos requerimento inicial no 0192015 2015 afchpr 41 20 novembro 2015
Parties
Applicant: Femi Falana; Respondent: Comissão Africana dos Direitos Humanos e dos Povos
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Application / Preliminary Order
Outcome
application rejected for lack of jurisdiction
Legal Topics
Jurisdiction, Standing, African Charter on Human and Peoples' Rights, African Court Protocol, Complementarity
Source Language
en
Human Rights Law International Law Jurisdiction Standing African Charter on Human and Peoples' Rights African Court Protocol Complementarity

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Parties

Femi Falana

Applicant

Comissão Africana dos Direitos Humanos e dos Povos

Respondent

Procedural Posture

Application / Preliminary Order

  1. 1 Whether the African Court has jurisdiction over an application brought against the African Commission on Human and Peoples' Rights
  2. 2 Whether an individual applicant has standing to bring a case against the Commission under the Protocol

Ratio Decidendi

The Court lacks jurisdiction to hear the application because the respondent is not a State Party to the Charter or Protocol and has not made the declaration under Article 34(6); the applicant therefore lacks standing. The Court also cannot compel the Commission to refer cases to it, as the institutions are complementary and independent.

Court Disposition

application rejected for lack of jurisdiction

Orders

  • The Court finds it lacks jurisdiction and rejects the application.
  • The Court finds it cannot compel the respondent to refer cases to it.