[2004] ACHPR 53

[2004] ACHPR 53

The African Commission found that the alleged victims had been tried and released by competent courts in Cameroon, as confirmed by both parties. The Commission determined that local remedies were available and had been pursued, and that the matter was still before the courts at the time the communication was submitted. Furthermore, the complainant's intention to negotiate compensation with the respondent state indicated ongoing engagement with domestic remedies. In accordance with Article 56(5) of the African Charter, the Commission held that the communication was inadmissible due to non-exhaustion of local remedies, as the complainant had not fully pursued available judicial and...

Citation
[2004] ACHPR 53
Parties
Applicant: Miss A; Respondent: Republic of Cameroon
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
4 June 2004
Case Number
Communication 258 of 2002
Procedural Posture
Human Rights Communication / Admissibility Decision
Outcome
communication declared inadmissible for non-exhaustion of local remedies
Legal Topics
Right to Fair Trial, Arbitrary Detention, Exhaustion of Local Remedies, Compensation for Unlawful Detention
Source Language
English
Constitutional Law Administrative Law Right to Fair Trial Arbitrary Detention Exhaustion of Local Remedies Compensation for Unlawful Detention

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Miss A

Applicant

Republic of Cameroon

Respondent

Procedural Posture

Human Rights Communication / Admissibility Decision

Legal Issues

  1. 1 Whether the communication is admissible before the African Commission in light of the exhaustion of local remedies requirement.
  2. 2 Whether the detention and subsequent release of the alleged victims constituted a violation of the African Charter.
  3. 3 Whether the complainant is entitled to compensation for the period of detention.

Ratio Decidendi

The African Commission found that the alleged victims had been tried and released by competent courts in Cameroon, as confirmed by both parties. The Commission determined that local remedies were available and had been pursued, and that the matter was still before the courts at the time the communication was submitted. Furthermore, the complainant's intention to negotiate compensation with the respondent state indicated ongoing engagement with domestic remedies. In accordance with Article 56(5) of the African Charter, the Commission held that the communication was inadmissible due to non-exhaustion of local remedies, as the complainant had not fully pursued available judicial and...

Court Disposition

communication declared inadmissible for non-exhaustion of local remedies

Orders

  • The communication is declared inadmissible under Article 56(5) of the African Charter.
  • No further action will be taken by the Commission until local remedies are exhausted.