diakite c republique du mali requete n 0092016 2017 afchpr 7 28 septembre 2017

diakite c republique du mali requete n 0092016 2017 afchpr 7 28 septembre 2017

The Court held that the applicants did not exhaust available and effective domestic remedies, specifically the option to constitute themselves as civil parties before the investigating judge, as required by Article 56(5) of the Charter. Therefore, the application was declared inadmissible.

Source-derived case information.

Citation
diakite c republique du mali requete n 0092016 2017 afchpr 7 28 septembre 2017
Parties
Applicant: Monsieur et Madame DIAKITE; Respondent: République du Mali
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2017
Procedural Posture
Human Rights Application / Preliminary Objection and Admissibility
Outcome
application declared inadmissible
Legal Topics
Exhaustion of Domestic Remedies, Right to Fair Trial, Right to Property, Right to Equality Before the Law
Source Language
en
Human Rights Law Criminal Procedure Exhaustion of Domestic Remedies Right to Fair Trial Right to Property Right to Equality Before the Law

Source-derived case record

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Parties

Monsieur et Madame DIAKITE

Applicant

République du Mali

Respondent

Procedural Posture

Human Rights Application / Preliminary Objection and Admissibility

  1. 1 Whether the applicants exhausted domestic remedies as required by Article 56(5) of the African Charter
  2. 2 Whether the inaction of Malian authorities constituted a violation of the applicants' rights under the Charter

Ratio Decidendi

The Court held that the applicants did not exhaust available and effective domestic remedies, specifically the option to constitute themselves as civil parties before the investigating judge, as required by Article 56(5) of the Charter. Therefore, the application was declared inadmissible.

Court Disposition

application declared inadmissible

Orders

  • Court is competent to hear the case
  • Exception of inadmissibility for non-exhaustion of domestic remedies upheld