anthony et autres c republica unida da tanzania processo n 0152015 2019 afchpr 18 26 setembro 2019

anthony et autres c republica unida da tanzania processo n 0152015 2019 afchpr 18 26 setembro 2019

The application was not filed within a reasonable time after the respondent State’s declaration allowing individual access to the Court. The applicants did not provide sufficient justification for the delay of five years and four months. As admissibility requirements are cumulative, failure to meet the reasonable...

Source-derived case information.

Citation
anthony et autres c republica unida da tanzania processo n 0152015 2019 afchpr 18 26 setembro 2019
Parties
Applicant: Godfred Anthony; Applicant: Ifunda Kisite; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Petition / Decision on Competence and Admissibility
Outcome
Application declared inadmissible.
Legal Topics
Admissibility of Petitions, Exhaustion of Domestic Remedies, Reasonable Time for Filing, Right to Fair Trial, Legal Aid, Equal Protection, Protection From Excessive Punishment
Source Language
en
Human Rights Law Criminal Law Admissibility of Petitions Exhaustion of Domestic Remedies Reasonable Time for Filing Right to Fair Trial Legal Aid Equal Protection +1 more

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Parties

Godfred Anthony

Applicant

Ifunda Kisite

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Petition / Decision on Competence and Admissibility

  1. 1 Whether the African Court has material competence over the case
  2. 2 Whether the applicants exhausted domestic remedies
  3. 3 Whether the application was filed within a reasonable time

Ratio Decidendi

The application was not filed within a reasonable time after the respondent State’s declaration allowing individual access to the Court. The applicants did not provide sufficient justification for the delay of five years and four months. As admissibility requirements are cumulative, failure to meet the reasonable time requirement renders the application inadmissible.

Court Disposition

Application declared inadmissible.

Orders

  • Court rejects preliminary objection to its competence.
  • Court declares it has competence.