falana c commission africiane des droits de lhomme et des peuples requete n 0192015 2015 afchpr 41 20 novembre 2015

falana c commission africiane des droits de lhomme et des peuples requete n 0192015 2015 afchpr 41 20 novembre 2015

The Court lacks jurisdiction to hear an application brought by an individual against the African Commission, as the Commission is not a State Party and has not made the requisite declaration under Article 34(6) of the Protocol. The Court also cannot compel the Commission to refer a communication to it, as both...

Source-derived case information.

Citation
falana c commission africiane des droits de lhomme et des peuples requete n 0192015 2015 afchpr 41 20 novembre 2015
Parties
Applicant: Femi Falana; Respondent: Commission Africaine des Droits de l'Homme et des Peuples
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2015
Procedural Posture
Application / Preliminary Order on Jurisdiction and Admissibility
Outcome
Application dismissed for lack of jurisdiction
Legal Topics
Jurisdiction of African Court, Access to Court by Individuals, Complementarity Between African Court and African Commission
Source Language
en
Human Rights Law International Law Jurisdiction of African Court Access to Court by Individuals Complementarity Between African Court and African Commission

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Parties

Femi Falana

Applicant

Commission Africaine des Droits de l'Homme et des Peuples

Respondent

Procedural Posture

Application / Preliminary Order on Jurisdiction and Admissibility

  1. 1 Whether the African Court has jurisdiction over an application brought by an individual against the African Commission on Human and Peoples' Rights
  2. 2 Whether the Court can compel the African Commission to refer a communication to it

Ratio Decidendi

The Court lacks jurisdiction to hear an application brought by an individual against the African Commission, as the Commission is not a State Party and has not made the requisite declaration under Article 34(6) of the Protocol. The Court also cannot compel the Commission to refer a communication to it, as both institutions are autonomous and act in partnership, not subordination.

Court Disposition

Application dismissed for lack of jurisdiction

Orders

  • The Court lacks jurisdiction and rejects the application.
  • The Court cannot compel the African Commission to refer a communication.