ali and another v republic of tunisia 0092023 2024 afchpr 16 3 2024

ali and another v republic of tunisia 0092023 2024 afchpr 16 3 2024

The application is inadmissible because the applicants did not exhaust domestic remedies; their appeal against the indictment and continued detention was still pending before the national Court of Cassation at the time of filing. The Court therefore cannot consider the merits or order interim measures.

Source-derived case information.

Citation
ali and another v republic of tunisia 0092023 2024 afchpr 16 3 2024
Parties
Applicant: Safinaz Ben Ali; Applicant: Lamia Jandoubi; Respondent: Republic of Tunisia
Court
TANZLII
Jurisdiction
Tanzania
Judgment Date
1 January 2024
Procedural Posture
Human Rights Application / Final Judgment on Admissibility and Interim Measures
Outcome
application dismissed as inadmissible
Legal Topics
Admissibility of Applications, Exhaustion of Domestic Remedies, Arbitrary Detention, Right to Liberty and Security, Right to Fair Trial, Freedom of Expression
Source Language
en
Human Rights Law International Law Admissibility of Applications Exhaustion of Domestic Remedies Arbitrary Detention Right to Liberty and Security Right to Fair Trial Freedom of Expression

Source-derived case record

Summary, issues, holding and outcome

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Parties

Safinaz Ben Ali

Applicant

Lamia Jandoubi

Applicant

Republic of Tunisia

Respondent

Procedural Posture

Human Rights Application / Final Judgment on Admissibility and Interim Measures

  1. 1 Whether the Court has material, personal, temporal, and territorial jurisdiction
  2. 2 Whether the application is admissible under the exhaustion of domestic remedies requirement
  3. 3 Whether the applicants' rights to liberty, security, fair trial, and freedom of expression were violated

Ratio Decidendi

The application is inadmissible because the applicants did not exhaust domestic remedies; their appeal against the indictment and continued detention was still pending before the national Court of Cassation at the time of filing. The Court therefore cannot consider the merits or order interim measures.

Court Disposition

application dismissed as inadmissible

Orders

  • Court rejects the objection to material jurisdiction and finds itself competent.
  • Court upholds the respondent’s objection regarding non-exhaustion of domestic remedies and finds the application inadmissible.