haruna c united republic of tanzania requete n 0342016 2023 afchpr 42 7 novembre 2023

haruna c united republic of tanzania requete n 0342016 2023 afchpr 42 7 novembre 2023

The application was not filed within a reasonable time as required by Article 56(6) of the Charter and Rule 50(2)(f) of the Rules. The applicant failed to justify the delay of over six years after the respondent's declaration allowing individual applications. Therefore, the application is inadmissible.

Source-derived case information.

Citation
haruna c united republic of tanzania requete n 0342016 2023 afchpr 42 7 novembre 2023
Parties
Applicant: Haruna Juma; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Individual Application / Final Judgment on Admissibility
Outcome
application declared inadmissible
Legal Topics
Right to Non Discrimination, Equality Before the Law, Right to Fair Trial, Admissibility of Applications, Exhaustion of Domestic Remedies, Reasonable Time Requirement
Source Language
en
Human Rights Law Right to Non Discrimination Equality Before the Law Right to Fair Trial Admissibility of Applications Exhaustion of Domestic Remedies Reasonable Time Requirement

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Parties

Haruna Juma

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Individual Application / Final Judgment on Admissibility

  1. 1 Whether the applicant exhausted domestic remedies
  2. 2 Whether the application was filed within a reasonable time
  3. 3 Whether the applicant's rights under Articles 2, 3(1)(2), and 7(1)(c) of the African Charter were violated

Ratio Decidendi

The application was not filed within a reasonable time as required by Article 56(6) of the Charter and Rule 50(2)(f) of the Rules. The applicant failed to justify the delay of over six years after the respondent's declaration allowing individual applications. Therefore, the application is inadmissible.

Court Disposition

application declared inadmissible

Orders

  • The Court rejects the objection to its competence and declares itself competent.
  • The Court rejects the objection based on non-exhaustion of domestic remedies.