tsikata v republic of ghana communication 322 of 2006 2006 achpr 77 29 november 2006

The complainant has not exhausted all available domestic remedies as the trial is ongoing and further appeals are possible; therefore, the communication is inadmissible.

Citation: tsikata v republic of ghana communication 322 of 2006 2006 achpr 77 29 november 2006
Parties: Complainant: Tsatsu Tsikata; Respondent: Republic of Ghana
Court: ACHPR
Jurisdiction: Tanzania
Judgment Date: 29 November 2006
Procedural Posture: Communication / Admissibility Decision
Outcome: inadmissible
Legal Topics: Fair Trial, Judicial Independence, Non Retroactive Criminalization, Exhaustion of Local Remedies
Source Language: English

Human Rights Constitutional Law Criminal Law Fair Trial Judicial Independence Non Retroactive Criminalization Exhaustion of Local Remedies

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Parties

Tsatsu Tsikata

Complainant

Republic of Ghana

Respondent

Procedural Posture

Communication / Admissibility Decision

Legal Issues

1 Whether the complainant's trial violates the right against retroactive criminalization under Article 7(2) of the African Charter
2 Whether the complainant's trial violates the right to fair trial under Article 7(1) of the African Charter
3 Whether the complainant's trial violates the independence of the judiciary under Article 26 of the African Charter

Ratio Decidendi

The complainant has not exhausted all available domestic remedies as the trial is ongoing and further appeals are possible; therefore, the communication is inadmissible.

Court Disposition

inadmissible