malengo c republica unida da tanzania processo n 0302015 2019 afchpr 16 4 julho 2019

malengo c republica unida da tanzania processo n 0302015 2019 afchpr 16 4 julho 2019

The application is inadmissible because the applicant failed to exhaust available domestic remedies as required by Article 40(5) of the Rules; thus, the Tribunal cannot consider whether the application was filed within a reasonable time or other admissibility conditions.

Source-derived case information.

Citation
malengo c republica unida da tanzania processo n 0302015 2019 afchpr 16 4 julho 2019
Parties
Applicant: Ramadhani Issa Malengo; Respondent: República Unida da Tanzânia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2019
Procedural Posture
Human Rights Application / Judgment on Competence and Admissibility
Outcome
Application declared inadmissible for failure to exhaust domestic remedies.
Legal Topics
Right to Fair Trial, Exhaustion of Domestic Remedies, Reasonable Time for Trial, Compensation for Damages, Admissibility Criteria
Source Language
en
Human Rights Law Civil Procedure Right to Fair Trial Exhaustion of Domestic Remedies Reasonable Time for Trial Compensation for Damages Admissibility Criteria

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Parties

Ramadhani Issa Malengo

Applicant

República Unida da Tanzânia

Respondent

Procedural Posture

Human Rights Application / Judgment on Competence and Admissibility

  1. 1 Whether the Tribunal has material competence over the alleged violations
  2. 2 Whether the application is admissible given exhaustion of domestic remedies and time limits

Ratio Decidendi

The application is inadmissible because the applicant failed to exhaust available domestic remedies as required by Article 40(5) of the Rules; thus, the Tribunal cannot consider whether the application was filed within a reasonable time or other admissibility conditions.

Court Disposition

Application declared inadmissible for failure to exhaust domestic remedies.

Orders

  • Tribunal declares it is competent to hear the case.
  • Tribunal rejects preliminary objection of non-conformity with Constitutive Act and Charter.