marius c republique de cote divoire requete n 0322019 2023 afchpr 49 4 decembre 2023

marius c republique de cote divoire requete n 0322019 2023 afchpr 49 4 decembre 2023

The application was declared inadmissible because the applicant had not exhausted available and effective domestic remedies, specifically the pending cassation appeal, as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules.

Source-derived case information.

Citation
marius c republique de cote divoire requete n 0322019 2023 afchpr 49 4 decembre 2023
Parties
Applicant: Oulai Marius; Respondent: République de Côte d’Ivoire
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2023
Procedural Posture
Human Rights Application / Final Judgment on Admissibility
Outcome
Application declared inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Right to Fair Trial, Exhaustion of Domestic Remedies, Prisoners' Rights, Access to Justice
Source Language
en
Human Rights Law Criminal Law Right to Fair Trial Exhaustion of Domestic Remedies Prisoners' Rights Access to Justice

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Parties

Oulai Marius

Applicant

République de Côte d’Ivoire

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility

  1. 1 Whether the applicant exhausted domestic remedies before seizing the Court
  2. 2 Whether the applicant's rights to a fair trial, effective remedy, access to justice, and dignity were violated

Ratio Decidendi

The application was declared inadmissible because the applicant had not exhausted available and effective domestic remedies, specifically the pending cassation appeal, as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules.

Court Disposition

Application declared inadmissible for non-exhaustion of domestic remedies.

Orders

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