bahanla v burkina faso application no 0162019 2024 afchpr 18 3 september 2024
The applicant did not exhaust the cassation appeal, an effective and available remedy in Burkina Faso, before filing the application; therefore, the application is inadmissible for non-exhaustion of local remedies.
- Citation
- bahanla v burkina faso application no 0162019 2024 afchpr 18 3 september 2024
- Parties
- Applicant: Lompo Bahanla; Respondent State: Burkina Faso
- Court
- TANZLII
- Jurisdiction
- Tanzania
- Judgment Date
- 3 September 2024
- Procedural Posture
- Human Rights Application / Ruling on Admissibility
- Outcome
- Application inadmissible for non-exhaustion of local remedies.
- Legal Topics
- Right to Life, Right to Dignity, Right to Fair Trial, Exhaustion of Local Remedies
- Source Language
- English
Case Brief
Summary, issues, holding and outcome
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Parties
Lompo Bahanla
Applicant
Burkina Faso
Respondent State
Procedural Posture
Human Rights Application / Ruling on Admissibility
Legal Issues
- 1 Whether the applicant exhausted local remedies before approaching the Court
- 2 Whether the cassation appeal is an effective remedy in Burkina Faso
- 3 Whether the application is admissible under Article 56 of the Charter
Ratio Decidendi
The applicant did not exhaust the cassation appeal, an effective and available remedy in Burkina Faso, before filing the application; therefore, the application is inadmissible for non-exhaustion of local remedies.
Court Disposition
Application inadmissible for non-exhaustion of local remedies.
Orders
- Court has jurisdiction to hear the application.
- Objection to admissibility based on non-exhaustion of local remedies upheld.
Full Case Text
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