[2011] AfCHPR 6

[2011] AfCHPR 6

The Court determined that it lacks jurisdiction to hear the application because the Kingdom of Morocco is not a member of the African Union, has not signed nor ratified the Protocol establishing the African Court on Human and Peoples' Rights, and has not made the requisite declaration under Article 34(6). As such, the Court cannot entertain cases against Morocco, and the application must be struck out for want of jurisdiction.

Citation
[2011] AfCHPR 6
Parties
Applicant: Youssef Ababou; Respondent: Kingdom of Morocco
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
2 September 2011
Case Number
Application No. 007/2011
Procedural Posture
Human Rights Application / Jurisdictional Ruling
Outcome
Application struck out for want of jurisdiction.
Judges
Akuffo VP, Eno R, Guindo J, Mulenga J, Ngoepe J, Niyungeko J, Orė J, Ouguergouz J, Ramadhani J, Tambala J, Thompson J
Legal Topics
Jurisdiction of Regional Courts, Access to Justice, State Membership Requirements
Source Language
English
Constitutional Law Jurisdiction of Regional Courts Access to Justice State Membership Requirements

Case Brief

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Parties

Youssef Ababou

Applicant

Kingdom of Morocco

Respondent

Procedural Posture

Human Rights Application / Jurisdictional Ruling

Legal Issues

  1. 1 Whether the African Court on Human and Peoples' Rights has jurisdiction to hear an application against a state that is not a member of the African Union nor a party to the Protocol establishing the Court.
  2. 2 Whether the applicant's claims regarding denial of civil status documents can be entertained by the Court.

Ratio Decidendi

The Court determined that it lacks jurisdiction to hear the application because the Kingdom of Morocco is not a member of the African Union, has not signed nor ratified the Protocol establishing the African Court on Human and Peoples' Rights, and has not made the requisite declaration under Article 34(6). As such, the Court cannot entertain cases against Morocco, and the application must be struck out for want of jurisdiction.

Court Disposition

Application struck out for want of jurisdiction.

Orders

  • The Court finds it has no jurisdiction to hear the case instituted by Mr. Youssef Ababou against the Kingdom of Morocco.
  • The application is struck out for want of jurisdiction.