chari v zimbabwe communication 351 of 2007 2012 achpr 7 1 march 2012

chari v zimbabwe communication 351 of 2007 2012 achpr 7 1 march 2012

The complaint was declared inadmissible because the complainant failed to exhaust local remedies and did not demonstrate their unavailability or ineffectiveness. The absence of supporting evidence and failure to rebut the respondent's arguments rendered the complaint vague and insufficient. The requirement of...

Source-derived case information.

Citation
chari v zimbabwe communication 351 of 2007 2012 achpr 7 1 march 2012
Parties
Victim: Givemore Chari; Respondent: Republic of Zimbabwe
Court
ACHPR
Jurisdiction
Tanzania
Judgment Date
1 March 2012
Procedural Posture
Communication (african Commission on Human and Peoples’ Rights) / Admissibility Decision
Outcome
Communication declared inadmissible
Legal Topics
Admissibility of Complaints, Exhaustion of Local Remedies, Prima Facie Violation, Reasonable Time for Submission
Source Language
english
Human Rights Law International Law Admissibility of Complaints Exhaustion of Local Remedies Prima Facie Violation Reasonable Time for Submission

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Summary, issues, holding and outcome

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Parties

Givemore Chari

Victim

Republic of Zimbabwe

Respondent

Procedural Posture

Communication (african Commission on Human and Peoples’ Rights) / Admissibility Decision

Legal Issues

  1. 1 Whether the complaint establishes a prima facie violation of the African Charter
  2. 2 Whether local remedies were exhausted or unavailable
  3. 3 Whether the complaint was submitted within a reasonable time

Ratio Decidendi

The complaint was declared inadmissible because the complainant failed to exhaust local remedies and did not demonstrate their unavailability or ineffectiveness. The absence of supporting evidence and failure to rebut the respondent's arguments rendered the complaint vague and insufficient. The requirement of reasonable time for submission was not met as it is contingent on exhaustion of local remedies.

Court Disposition

Communication declared inadmissible

Orders

  • Notice of inadmissibility decision to parties under Rule 107(3) of Rules of Procedure
  • Decision attached to 32nd Activity Report