lyambaka c republique unie de tanzanie requete n 0102016 2020 afchpr 30 25 septembre 2020

lyambaka c republique unie de tanzanie requete n 0102016 2020 afchpr 30 25 septembre 2020

The application was declared inadmissible because it was not filed within a reasonable time after exhaustion of domestic remedies, as required by Article 56(6) of the Charter and Article 40(6) of the Rules. The applicant failed to justify the delay of nearly six years, and the Court found no exceptional...

Source-derived case information.

Citation
lyambaka c republique unie de tanzanie requete n 0102016 2020 afchpr 30 25 septembre 2020
Parties
Applicant: Hamad Mohamed Lyambaka; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2020
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
application declared inadmissible
Legal Topics
Right to Fair Trial, Right to Legal Assistance, Admissibility of Applications, Exhaustion of Domestic Remedies, Reasonable Time Requirement
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Right to Legal Assistance Admissibility of Applications Exhaustion of Domestic Remedies Reasonable Time Requirement

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 26 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Hamad Mohamed Lyambaka

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the applicant exhausted all available domestic remedies before filing the application
  2. 2 Whether the application was filed within a reasonable time as required by the Charter and Court Rules

Ratio Decidendi

The application was declared inadmissible because it was not filed within a reasonable time after exhaustion of domestic remedies, as required by Article 56(6) of the Charter and Article 40(6) of the Rules. The applicant failed to justify the delay of nearly six years, and the Court found no exceptional circumstances to excuse the lateness.

Court Disposition

application declared inadmissible

Orders

  • The exception to material jurisdiction is rejected.
  • The Court is competent to hear the case.