jean ping represented by maitre william woll v the republic of gabon communication 69218 2022 achpr 11 9 mars 2022

jean ping represented by maitre william woll v the republic of gabon communication 69218 2022 achpr 11 9 mars 2022

The Commission finds that the communication was filed 15 months after exhaustion of internal remedies, exceeding the six-month reasonable time limit established by its jurisprudence. The applicant's arguments regarding exceptional circumstances and lack of equitable remedies are not sufficiently substantiated. No evidence of impossibility to file within six months is provided. The Commission also finds that the language used is not outrageously insulting and does not violate Article 56(3).

Citation
jean ping represented by maitre william woll v the republic of gabon communication 69218 2022 achpr 11 9 mars 2022
Parties
Victim: Jean Ping; Respondent: La Republique du Gabon
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
1 January 2022
Procedural Posture
Communication / Recevabilite
Outcome
communication declared inadmissible
Legal Topics
Admissibility, Reasonable Time Limit, Freedom of Expression, Right to Fair Trial, Political Rights
Source Language
English
Human Rights Constitutional Law Electoral Law Admissibility Reasonable Time Limit Freedom of Expression Right to Fair Trial Political Rights

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Parties

Jean Ping

Victim

La Republique du Gabon

Respondent

Procedural Posture

Communication / Recevabilite

Legal Issues

  1. 1 Whether the communication meets the admissibility requirements under Article 56 of the African Charter
  2. 2 Whether the delay in filing the communication is justified
  3. 3 Whether the language used in the communication is outrageously insulting

Ratio Decidendi

The Commission finds that the communication was filed 15 months after exhaustion of internal remedies, exceeding the six-month reasonable time limit established by its jurisprudence. The applicant's arguments regarding exceptional circumstances and lack of equitable remedies are not sufficiently substantiated. No evidence of impossibility to file within six months is provided. The Commission also finds that the language used is not outrageously insulting and does not violate Article 56(3).

Court Disposition

communication declared inadmissible

Orders

  • communication is declared irreceivable for non-respect of Article 56(6) of the African Charter