gombert c cote divoire requete n 0382016 2018 afchpr 4 22 mars 2018

gombert c cote divoire requete n 0382016 2018 afchpr 4 22 mars 2018

The application is inadmissible because the matter was previously settled by the ECOWAS Court of Justice on the same facts, parties, and legal issues, thus failing the requirement under Article 56(7) of the African Charter.

Source-derived case information.

Citation
gombert c cote divoire requete n 0382016 2018 afchpr 4 22 mars 2018
Parties
Applicant: Jean-Claude Roger GOMBERT; Respondent: République de Côte d’Ivoire
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
Application declared inadmissible
Legal Topics
Admissibility of Application, Exhaustion of Local Remedies, Prior Settlement, Right to Fair Trial, Equality Before the Law, Effective Remedy
Source Language
en
Human Rights Law International Law Admissibility of Application Exhaustion of Local Remedies Prior Settlement Right to Fair Trial Equality Before the Law Effective Remedy

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Parties

Jean-Claude Roger GOMBERT

Applicant

République de Côte d’Ivoire

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the application is admissible in light of prior settlement by the ECOWAS Court of Justice
  2. 2 Whether local remedies were exhausted
  3. 3 Whether the application was filed within a reasonable time

Ratio Decidendi

The application is inadmissible because the matter was previously settled by the ECOWAS Court of Justice on the same facts, parties, and legal issues, thus failing the requirement under Article 56(7) of the African Charter.

Court Disposition

Application declared inadmissible

Orders

  • Court declares itself competent
  • Rejects objection of non-exhaustion of local remedies