dumbaya v gambia communication 127 of 1994 1994 achpr 11 3 november 1994
Communication declared inadmissible due to applicant's failure to demonstrate exhaustion of local remedies as required by Article 56 of the African Charter.
Source-derived case information.
- Citation
- dumbaya v gambia communication 127 of 1994 1994 achpr 11 3 november 1994
- Parties
- Applicant: Sana Dumbaya; Respondent: The Gambia
- Court
- ACHPR
- Jurisdiction
- Tanzania
- Judgment Date
- 3 November 1994
- Procedural Posture
- Human Rights Communication / Admissibility
- Outcome
- inadmissible
- Legal Topics
- Exhaustion of Local Remedies, Admissibility of Communication
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sana Dumbaya
Applicant
The Gambia
Respondent
Procedural Posture
Human Rights Communication / Admissibility
Legal Issues
- 1 Whether the applicant exhausted all local remedies before approaching the Commission
Ratio Decidendi
Communication declared inadmissible due to applicant's failure to demonstrate exhaustion of local remedies as required by Article 56 of the African Charter.
Court Disposition
inadmissible
Orders
- Communication declared inadmissible for lack of exhaustion of local remedies
Full Case Text
Judgment text and source record
1 paragraphs
25 October - 3 November 1994 Communication No. 127/94 AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixteenth Ordinary Session 25 October - 3 November 1994 SANA DUMBAYA v. THE GAMBIA DECISION BEFORE: CHAIRMAN: Prof. Isaac Nguema VICE CHAIRMAN: Dr. Mohamed H. Ben Salem COMMISSIONERS: Prof. Emmanuel V.O. Dankwa, Mr. Sourahata B. Semega Janneh, Mr. Robert H. Kisanga, Dr. Vera V.B.S. Duarte-Martins, Dr. Ibrahim A. Badawi Ei-Sheikh, Prof. U. Oji Umozurike Citation: Dumbaya v. Gam., Comm. 127/94, 8th ACHPR AAR Annex VI (1994-1995) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples’ Rights Extracted from the Commission’s Activity Reports 1994-2001, at 103 (2002); Documents of the African Commission on Human and Peoples’ Rights, at 397 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 103 (ACHPR 1995) FACTS 1. Mr. Dumbuya complains that he was working as a registry clerk for the Ministry for Local Government and Lands from January to July 1992. In July 1992 he was dismissed under unclear circumstances, allegedly for leaking official secrets. DECISION 2. The complainant has failed or neglected to respond to two requests by the Commission for information whether all local remedies have been exhausted. In the circumstances the Commission during its 16th Session declared the communication inadmissible on account of lack of exhaustion of local remedies. .