[2017] ACHPR 1
The African Commission found that the applicant had not exhausted available local remedies in Tanzania as required by article 56 of the African Charter and Rule 114 of the Rules of Procedure. The failure to pursue domestic legal avenues rendered the communication inadmissible before the Commission. The exhaustion of...
Source-derived case information.
- Citation
- [2017] ACHPR 1
- Parties
- Applicant: Alberto T Capitao; Respondent: Tanzania
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 53 of 1990
- Procedural Posture
- Public International Law / Admissibility
- Outcome
- communication declared inadmissible
- Legal Topics
- Exhaustion of Local Remedies, Admissibility of Communications, African Charter on Human and Peoples Rights
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alberto T Capitao
Applicant
Tanzania
Respondent
Procedural Posture
Public International Law / Admissibility
Legal Issues
- 1 Whether the applicant exhausted local remedies as required by article 56 of the African Charter on Human and Peoples' Rights.
- 2 Whether the communication is admissible before the African Commission on Human and Peoples' Rights.
Ratio Decidendi
The African Commission found that the applicant had not exhausted available local remedies in Tanzania as required by article 56 of the African Charter and Rule 114 of the Rules of Procedure. The failure to pursue domestic legal avenues rendered the communication inadmissible before the Commission. The exhaustion of local remedies is a mandatory procedural requirement for admissibility, and its absence precludes consideration of the merits of the communication.
Court Disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible for failure to exhaust local remedies as required by article 56 of the Charter and Rule 114 of the Rules of Procedure.
Full Case Text
Judgment text and source record
10 paragraphs
**Undated Communication No. 53/90**
## **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
# **ALBERTO T CAPITAO v.**
# **TANZANIA**
## **DECISION**
Citation: Capitao v. Tanzania, Comm. 53/90, 7th ACHPR AAR Annex IX (1993-1994) 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 353 (2002); Documents of the African
> Commission on Human and Peoples' Rights, at 346 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 313 (ACHPR 1994)
#### COMMUNICATION ON RECOVERY OF MONEY, DATED MARCH 26, 1991
#### FINAL DECISION
[1] "The Commission decides that local remedies have not been exhausted as required by article 56 of the Charter and 114 of the Rules of Procedure and therefore declares the communication inadmissible".