kouma and another c republique du mali requete n 0402016 2018 afchpr 79 21 mars 2018

kouma and another c republique du mali requete n 0402016 2018 afchpr 79 21 mars 2018

The Court found that the applicants had not exhausted domestic remedies as required by Article 56 of the Charter and Article 40(5) of the Rules; the alleged prolongation of proceedings was attributable to the applicants' own conduct, and remedies remained available and effective; therefore, the application was...

Source-derived case information.

Citation
kouma and another c republique du mali requete n 0402016 2018 afchpr 79 21 mars 2018
Parties
Applicant: Mariam Kouma; Applicant: Ousmane Diabate; Respondent: République du Mali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment
Outcome
application dismissed as inadmissible
Legal Topics
Exhaustion of Domestic Remedies, Right to Fair Trial, Right to Dignity, Right to Education, Right to Work, Right to Health, Access to Justice, Compensation for Injury
Source Language
en
Human Rights Criminal Law Civil Procedure Exhaustion of Domestic Remedies Right to Fair Trial Right to Dignity Right to Education Right to Work +3 more

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Parties

Mariam Kouma

Applicant

Ousmane Diabate

Applicant

République du Mali

Respondent

Procedural Posture

Human Rights Application / Final Judgment

  1. 1 Whether the applicants exhausted domestic remedies before seizing the African Court
  2. 2 Whether the national proceedings were unduly prolonged
  3. 3 Whether the remedies available were effective

Ratio Decidendi

The Court found that the applicants had not exhausted domestic remedies as required by Article 56 of the Charter and Article 40(5) of the Rules; the alleged prolongation of proceedings was attributable to the applicants' own conduct, and remedies remained available and effective; therefore, the application was inadmissible.

Court Disposition

application dismissed as inadmissible

Orders

  • Court declares it is competent
  • Court declares the exception of non-exhaustion of domestic remedies is founded