omary and others c republique unie de tanzanie requete n 0012012 2014 afchpr 47 28 mars 2014

omary and others c republique unie de tanzanie requete n 0012012 2014 afchpr 47 28 mars 2014

The application is inadmissible because the applicants failed to exhaust domestic remedies regarding both their compensation claims and allegations of police brutality, as required by Article 56(5) of the African Charter. The Court found no evidence that the applicants had concluded all available judicial processes...

Source-derived case information.

Citation
omary and others c republique unie de tanzanie requete n 0012012 2014 afchpr 47 28 mars 2014
Parties
Applicant: Frank David Omary et autres; Respondent: Republique-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2014
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
Application declared inadmissible
Legal Topics
Exhaustion of Domestic Remedies, Right to Effective Remedy, Police Brutality, Non Discrimination, Right to Work, Right to Compensation
Source Language
en
Human Rights Law International Law Exhaustion of Domestic Remedies Right to Effective Remedy Police Brutality Non Discrimination Right to Work Right to Compensation

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 3 Authorities cited 5 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Frank David Omary et autres

Applicant

Republique-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the applicants exhausted domestic remedies regarding compensation claims and police brutality allegations
  2. 2 Whether the application is admissible under Article 56 of the African Charter

Ratio Decidendi

The application is inadmissible because the applicants failed to exhaust domestic remedies regarding both their compensation claims and allegations of police brutality, as required by Article 56(5) of the African Charter. The Court found no evidence that the applicants had concluded all available judicial processes or that proceedings were unduly prolonged.

Court Disposition

Application declared inadmissible

Orders

  • Application is declared inadmissible for non-exhaustion of domestic remedies.
  • Each party shall bear its own costs.