mulindahabi c republique du rwanda requete n 0052017 2020 afchpr 47 26 juin 2020

mulindahabi c republique du rwanda requete n 0052017 2020 afchpr 47 26 juin 2020

The application was declared inadmissible because the applicant failed to file within a reasonable time after exhaustion of domestic remedies, as required by Article 56(6) of the African Charter and Article 40(6) of the Rules of Court. The delay of two years and three months was not justified by the applicant's...

Source-derived case information.

Citation
mulindahabi c republique du rwanda requete n 0052017 2020 afchpr 47 26 juin 2020
Parties
Applicant: Fidèle Mulindahabi; Respondent: République du Rwanda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Application / Final Judgment (default)
Outcome
Application declared inadmissible
Legal Topics
Right to Fair Trial, Judicial Independence, Exhaustion of Domestic Remedies, Reasonable Time for Application, Equality Before the Law
Source Language
en
Human Rights Law International Law Right to Fair Trial Judicial Independence Exhaustion of Domestic Remedies Reasonable Time for Application Equality Before the Law

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Parties

Fidèle Mulindahabi

Applicant

République du Rwanda

Respondent

Procedural Posture

Human Rights Application / Final Judgment (default)

  1. 1 Whether the applicant's right to a fair trial was violated
  2. 2 Whether the applicant exhausted domestic remedies
  3. 3 Whether the application was filed within a reasonable time

Ratio Decidendi

The application was declared inadmissible because the applicant failed to file within a reasonable time after exhaustion of domestic remedies, as required by Article 56(6) of the African Charter and Article 40(6) of the Rules of Court. The delay of two years and three months was not justified by the applicant's circumstances.

Court Disposition

Application declared inadmissible

Orders

  • Court declares it is competent
  • Court declares the application inadmissible