munyandilikirwa c republique du rwanda requete n 0232015 2021 afchpr 3 2 decembre 2021

munyandilikirwa c republique du rwanda requete n 0232015 2021 afchpr 3 2 decembre 2021

The applicant failed to exhaust domestic remedies as required by the relevant Rwandan law and the statutes of LIPRODHOR, specifically by not allowing the internal dispute resolution process to be completed and adopted by the general assembly before seizing national courts. As a result, the application is...

Source-derived case information.

Citation
munyandilikirwa c republique du rwanda requete n 0232015 2021 afchpr 3 2 decembre 2021
Parties
Applicant: Laurent Munyandilikirwa; Respondent: République du Rwanda
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2021
Procedural Posture
Human Rights Application / Final Judgment (default)
Outcome
Application declared inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Freedom of Association, Freedom of Assembly, Freedom of Expression, Right to Fair Trial, Non Discrimination, Exhaustion of Domestic Remedies
Source Language
en
Human Rights Law Administrative Law Freedom of Association Freedom of Assembly Freedom of Expression Right to Fair Trial Non Discrimination Exhaustion of Domestic Remedies

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Parties

Laurent Munyandilikirwa

Applicant

République du Rwanda

Respondent

Procedural Posture

Human Rights Application / Final Judgment (default)

  1. 1 Whether the applicant exhausted domestic remedies before seizing the African Court
  2. 2 Whether the applicant's rights under the African Charter were violated by the respondent state

Ratio Decidendi

The applicant failed to exhaust domestic remedies as required by the relevant Rwandan law and the statutes of LIPRODHOR, specifically by not allowing the internal dispute resolution process to be completed and adopted by the general assembly before seizing national courts. As a result, the application is inadmissible before the African Court.

Court Disposition

Application declared inadmissible for non-exhaustion of domestic remedies.

Orders

  • Court declares itself competent.
  • Application is declared inadmissible.