Tanzania Case Law

digbeejaye koonjul v the republic of mauritius communication 569 of 2015 2020 achpr 2 17 august 2020

Court

ACHPR

The communication was declared inadmissible because the complainant failed to submit the complaint within a reasonable period after exhaustion of local remedies, as required by Article 56(6) of the African Charter. The delay of approximately three years was not justified.

Source excerpt

• Right to fair trial
• Exhaustion of local remedies
• Admissibility of communications
• Equality before the law
• Non-discrimination

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fadhl al mawla husni ahmed ismail and 19 ors represented by freedom and justice party of egypt v arab republic of egypt communication 670 of 2017 2020 achpr 1 9 s

Court

ACHPR

The Commission found that the Freedom and Justice Party of Egypt, having been dissolved by a final court order in 2014 and not shown to exist in any other jurisdiction, lacked legal existence and thus locus standi to bring the communication. As a result, the communication failed to meet the requirement of Article 56(1) of the African Charter, rendering it inadmissible. Other admissibility criteria were met, but locus standi is a threshold requirement.

Source excerpt

• Right to life
• Right to fair trial
• Prohibition of torture
• Death penalty
• Admissibility of communications
• Locus standi

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ngoge and others v republic of kenya communication 524 of 2015 2018 achpr 120 18 october 2018

Court

ACHPR

The African Commission declared this communication inadmissible for disparaging language, failure to exhaust local remedies, and lack of a reasonable filing period.

• Admissibility of communications
• Exhaustion of local remedies
• Judicial independence
• Access to justice
• Right to fair trial
• Admissibility-of-communications

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goornah v republic of mauritius communication 596 of 2016 2018 achpr 134 28 april 2018

Court

ACHPR

The African Commission held that the complaint was inadmissible because it was filed too late after local remedies were exhausted.

• Right to fair trial
• Exhaustion of local remedies
• Admissibility of communications
• Judicial independence
• Impartial tribunal
• Admissibility-of-communications

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centre of the independence of judges and lawyers v algeria communication 104 of 1994 communication 109 of 1994 communication 126 of 1994 2017 achpr 140 13 july 20

Court

ACHPR

The communication lacks sufficient specificity regarding victims, places, dates, and times of alleged incidents, and does not allege grave and massive violations, rendering it inadmissible under the African Charter and Rules of Procedure.

Source excerpt

• Admissibility of communications
• Victim requirement
• Specificity of allegations

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legal defence and assistance project v federal republic of nigeria communication 42512 2014 achpr 7 29 july 2014

Court

ACHPR

The Commission found that local remedies for the victim were non-existent or unduly prolonged due to constitutional provisions excluding persons suspected of capital offences from statutory trial timelines, and the ineffectiveness and delay of domestic legal proceedings. Therefore, the requirement to exhaust local remedies was dispensed with, and the communication was declared admissible.

Source excerpt

• Arbitrary detention
• Torture
• Right to fair trial
• Exhaustion of local remedies
• Supremacy of constitution
• Admissibility of communications

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watumbulwa v democratic republic of congo communication 255 of 2004 2012 achpr 113 22 october 2012

Court

ACHPR

The African Commission struck out the communication for lack of diligent prosecution after the complainant failed to submit merits arguments despite repeated reminders.

• Right to equality
• Right to fair trial
• Admissibility of communications
• Procedural diligence
• Human-rights
• African-charter

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zitha and another v republic of mozambique communication 361 of 2008 2011 achpr 93 3 march 2011

Court

ACHPR

The African Commission held the disappearance was a continuing violation but found the complaint inadmissible for failure to exhaust local remedies and unreasonable delay.

• Enforced disappearance
• Admissibility of communications
• Exhaustion of local remedies
• Continuing violations
• Ratione temporis jurisdiction
• Admissibility-of-communications

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socio economic rights and accountability project serap v nigeria communication 338 of 2007 2010 achpr 109 24 november 2010

Court

ACHPR

The African Commission declared SERAP’s communication against Nigeria inadmissible for failure to exhaust available local remedies under Article 56(5) of the African Charter.

• Admissibility of communications
• Exhaustion of local remedies
• Environmental degradation
• Right to life
• Right to health
• Right to property

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southern africa human rights ngo network and others v tanzania communication 333 of 2006 2010 achpr 107 26 may 2010

Court

ACHPR

The African Commission declared this communication inadmissible under Article 56(6) of the African Charter because it was filed too late after local remedies were exhausted.

• Death penalty
• Right to life
• Exhaustion of local remedies
• Admissibility of communications
• Delay in filing
• Torture and inhuman treatment

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