kouma and another c republica do mali processo n 0402016 2018 afchpr 79 21 marco 2018

kouma and another c republica do mali processo n 0402016 2018 afchpr 79 21 marco 2018

The applicants did not exhaust available domestic remedies, and the delays in national proceedings were attributable in part to their own conduct. No evidence was provided that domestic remedies were ineffective or unduly prolonged. Therefore, the application is inadmissible.

Source-derived case information.

Citation
kouma and another c republica do mali processo n 0402016 2018 afchpr 79 21 marco 2018
Parties
Applicant: Mariam Kouma; Applicant: Ousmane Diabaté; Respondent: República do Mali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2018
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
application 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 Damages
Source Language
en
Human Rights Law 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 Diabaté

Applicant

República do Mali

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the applicants exhausted domestic remedies as required by Article 56 of the African Charter and Article 40(5) of the Court's Rules
  2. 2 Whether the duration and conduct of domestic proceedings justified an exception to the exhaustion requirement
  3. 3 Whether the remedies available at the national level were effective and sufficient

Ratio Decidendi

The applicants did not exhaust available domestic remedies, and the delays in national proceedings were attributable in part to their own conduct. No evidence was provided that domestic remedies were ineffective or unduly prolonged. Therefore, the application is inadmissible.

Court Disposition

application inadmissible

Orders

  • The Court declares itself competent.
  • The Court upholds the objection of inadmissibility based on non-exhaustion of domestic remedies.