soglo c republic of benin requete n0112021 2023 afchpr 36 7 novembre 2023

soglo c republic of benin requete n0112021 2023 afchpr 36 7 novembre 2023

The application is inadmissible because the applicant failed to exhaust available and effective domestic remedies regarding both the administrative and criminal proceedings, as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules. The applicant did not provide proof of exhausting administrative...

Source-derived case information.

Citation
soglo c republic of benin requete n0112021 2023 afchpr 36 7 novembre 2023
Parties
Applicant: Lehady Vinagnon Soglo; Respondent: République du Bénin
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
application declared inadmissible
Legal Topics
Right to Fair Trial, Right to Life and Integrity, Right to Participate in Public Affairs, Exhaustion of Domestic Remedies, Admissibility of Application
Source Language
en
Human Rights Law Administrative Law Criminal Law Right to Fair Trial Right to Life and Integrity Right to Participate in Public Affairs Exhaustion of Domestic Remedies Admissibility of Application

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Parties

Lehady Vinagnon Soglo

Applicant

République du Bénin

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the applicant exhausted domestic remedies before seizing the Court
  2. 2 Whether the application was filed within a reasonable time
  3. 3 Whether the applicant's rights under Articles 4, 7, and 13(1) of the African Charter were violated

Ratio Decidendi

The application is inadmissible because the applicant failed to exhaust available and effective domestic remedies regarding both the administrative and criminal proceedings, as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules. The applicant did not provide proof of exhausting administrative remedies and did not appeal the criminal conviction, despite the possibility to do so through legal representation.

Court Disposition

application declared inadmissible

Orders

  • Court declares itself competent
  • Exception of inadmissibility for non-exhaustion of domestic remedies upheld