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Tanzania decisions
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The African Court found this human rights application inadmissible because the applicant had not exhausted local remedies, though it confirmed jurisdiction.
The applicant did not exhaust available domestic remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules, since he could have pursued further judicial actions under national law. The application is therefore inadmissible.
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The application is inadmissible because the applicant failed to exhaust available domestic remedies, specifically the right to appeal the first instance judgment, as required by Article 56 of the Charter and Rule 50(2)(e) of the Rules.
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The Court found that the Tunisian people participated indirectly in the drafting and adoption of the 2014 Constitution through their elected representatives, so the absence of a referendum did not violate Article 20. However, the Respondent State violated Article 26 by interfering in the independence of the judiciary through Decree-Law No. 2022-11 and failing to establish the Constitutional Court, and violated the independence of the legislature by suspending and dissolving the Assembly of People’s Representatives and assuming legislative powers for an extended period.
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The African Court ordered Tunisia to stay implementation of a decree-law and dismissal decree affecting judicial officers, pending the merits of the case.
The African Court dismissed provisional-measures requests seeking Ghazi Chaouachi’s release and removal of obstacles to his presidential candidacy in Tunisia.
The Court found no violation of the right to autodetermination regarding the 2014 Constitution, as the Assembly was elected by universal suffrage and the Charter does not mandate a referendum. However, the Court found violations of judicial independence due to the executive's interference in magistrate discipline and legislative independence due to prolonged suspension and dissolution of the legislative body, breaching the separation of powers.
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Applicants failed to demonstrate the urgency, extreme gravity, and irreparable harm required for provisional measures. The alleged harms are not proven to be imminent or irreparable, and ongoing proceedings before the national Supreme Court may provide adequate remedy. Granting the requested measures would prejudge the merits.
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The African Court found no violation of fair-trial rights in a labour dispute brought by former Mali workers and dismissed all reparations claims.
The African Court held that Mali did not violate former workers’ rights to fair hearing, equality, non-discrimination, impartial tribunal, or judicial independence.
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