kalijo c united republic of tanzania requete n0262017 2023 afchpr 39 7 novembre 2023

kalijo c united republic of tanzania requete n0262017 2023 afchpr 39 7 novembre 2023

The application was declared inadmissible because it was not filed within a reasonable time after exhaustion of domestic remedies. The applicant failed to provide sufficient justification or evidence that his personal circumstances prevented timely filing. The delay of over six years was not reasonable under Article...

Source-derived case information.

Citation
kalijo c united republic of tanzania requete n0262017 2023 afchpr 39 7 novembre 2023
Parties
Applicant: Maulidi Swedi alias Mswezi Kalijo; Respondent: République-Unie de Tanzanie
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Individual Application / Final Judgment on Admissibility
Outcome
application declared inadmissible
Legal Topics
Right to Non Discrimination, Equality Before the Law, Right to Fair Trial, Admissibility of Applications, Exhaustion of Domestic Remedies, Reasonable Time Requirement
Source Language
en
Human Rights Law Right to Non Discrimination Equality Before the Law Right to Fair Trial Admissibility of Applications Exhaustion of Domestic Remedies Reasonable Time Requirement

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Parties

Maulidi Swedi alias Mswezi Kalijo

Applicant

République-Unie de Tanzanie

Respondent

Procedural Posture

Individual Application / Final Judgment on Admissibility

  1. 1 Whether the Court has material competence to annul national convictions and order release
  2. 2 Whether the application is inadmissible for failure to exhaust domestic remedies
  3. 3 Whether the application was filed within a reasonable time after exhaustion of domestic remedies

Ratio Decidendi

The application was declared inadmissible because it was not filed within a reasonable time after exhaustion of domestic remedies. The applicant failed to provide sufficient justification or evidence that his personal circumstances prevented timely filing. The delay of over six years was not reasonable under Article 56(6) of the Charter and Rule 50(2)(f) of the Rules.

Court Disposition

application declared inadmissible

Orders

  • Court rejects the objection to material incompetence and affirms its competence.
  • Court rejects the objection based on non-exhaustion of domestic remedies.