ali and another c republique tunisienne requete n 0092023 2024 afchpr 16 3 septembre 2024

ali and another c republique tunisienne requete n 0092023 2024 afchpr 16 3 septembre 2024

The application is inadmissible because, at the time of filing, the applicants had not exhausted domestic remedies, as their appeal to the Court of Cassation was still pending. The Court has material competence, but the exhaustion requirement is not met, making it unnecessary to consider the merits or other...

Source-derived case information.

Citation
ali and another c republique tunisienne requete n 0092023 2024 afchpr 16 3 septembre 2024
Parties
Applicant: Safinaz Ben Ali; Applicant: Lamia Jendoubi; Respondent: République tunisienne
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment on Admissibility and Provisional Measures
Outcome
Application declared inadmissible for non-exhaustion of domestic remedies.
Legal Topics
Right to Liberty, Right to Security, Right to Fair Trial, Right to Information, Freedom of Expression, Exhaustion of Domestic Remedies, Provisional Measures
Source Language
en
Human Rights Law International Law Right to Liberty Right to Security Right to Fair Trial Right to Information Freedom of Expression Exhaustion of Domestic Remedies +1 more

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Summary, issues, holding and outcome

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Parties

Safinaz Ben Ali

Applicant

Lamia Jendoubi

Applicant

République tunisienne

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility and Provisional Measures

  1. 1 Whether the applicants' detention violated their rights under the African Charter and international instruments
  2. 2 Whether the application is inadmissible for non-exhaustion of domestic remedies
  3. 3 Whether the Court has material competence in light of state sovereignty arguments

Ratio Decidendi

The application is inadmissible because, at the time of filing, the applicants had not exhausted domestic remedies, as their appeal to the Court of Cassation was still pending. The Court has material competence, but the exhaustion requirement is not met, making it unnecessary to consider the merits or other admissibility criteria.

Court Disposition

Application declared inadmissible for non-exhaustion of domestic remedies.

Orders

  • Rejects the objection to material competence; declares itself competent.
  • Upholds the objection of inadmissibility for non-exhaustion of domestic remedies; declares the application inadmissible.