koutche c republique du benin requete n 0202019 2021 afchpr 43 25 juin 2021

koutche c republique du benin requete n 0202019 2021 afchpr 43 25 juin 2021

The application is inadmissible because the applicant failed to exhaust available and effective domestic remedies as required by Article 56(5) of the Charter; the ongoing national proceedings had not been unduly prolonged, and the applicant did not demonstrate that remedies were unavailable or ineffective due to the...

Source-derived case information.

Citation
koutche c republique du benin requete n 0202019 2021 afchpr 43 25 juin 2021
Parties
Applicant: Komi Koutché; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Application to African Court on Human and Peoples’ Rights / Final Judgment on Admissibility
Outcome
Application declared inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Right to Fair Trial, Judicial Independence, Exhaustion of Domestic Remedies, Right to Property, Right to Dignity, Right to Participate in Public Affairs, Freedom of Movement, Presumption of Innocence
Source Language
en
Human Rights Law Constitutional Law Criminal Law Right to Fair Trial Judicial Independence Exhaustion of Domestic Remedies Right to Property Right to Dignity +3 more

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Parties

Komi Koutché

Applicant

République du Bénin

Respondent

Procedural Posture

Application to African Court on Human and Peoples’ Rights / Final Judgment on Admissibility

  1. 1 Whether the application is admissible given the exhaustion of domestic remedies requirement
  2. 2 Whether the applicant's rights to a fair trial, judicial independence, property, dignity, and participation in public affairs were violated

Ratio Decidendi

The application is inadmissible because the applicant failed to exhaust available and effective domestic remedies as required by Article 56(5) of the Charter; the ongoing national proceedings had not been unduly prolonged, and the applicant did not demonstrate that remedies were unavailable or ineffective due to the political context or judicial bias.

Court Disposition

Application declared inadmissible for non-exhaustion of domestic remedies.

Orders

  • Court rejects the exceptions of incompetence and declares itself competent.
  • Court declares the exceptions of inadmissibility well-founded.