[1995] ACHPR 2
The Commission found that the applicant had not demonstrated exhaustion of local remedies in Tanzania or that such remedies were unavailable, ineffective, or unreasonably prolonged. The mere fact that the Tanzanian Film Company had no property in Zaire and that the embassy was immune from seizure did not suffice to...
Source-derived case information.
- Citation
- [1995] ACHPR 2
- Parties
- Applicant: Alberto T Capitao; Respondent: Tanzanian Film Company; Respondent: Embassy of Tanzania in Kinshasa
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 53 of 1991
- Procedural Posture
- Communication / Decision on Admissibility
- Outcome
- inadmissible for lack of exhaustion of local remedies
- Legal Topics
- Diplomatic Immunity, Exhaustion of Local Remedies, Enforcement of Foreign Judgments
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Alberto T Capitao
Applicant
Tanzanian Film Company
Respondent
Embassy of Tanzania in Kinshasa
Respondent
Procedural Posture
Communication / Decision on Admissibility
Legal Issues
- 1 Whether the complaint is admissible before the Commission given the alleged failure to exhaust local remedies.
- 2 Whether the complainant has any recourse against a foreign state that refuses to pay a judgment debt due to diplomatic immunity.
Ratio Decidendi
The Commission found that the applicant had not demonstrated exhaustion of local remedies in Tanzania or that such remedies were unavailable, ineffective, or unreasonably prolonged. The mere fact that the Tanzanian Film Company had no property in Zaire and that the embassy was immune from seizure did not suffice to establish that all local remedies had been exhausted or were unavailable. Therefore, the complaint was inadmissible at this stage, but could be resubmitted if the applicant later exhausted local remedies or proved their unavailability or ineffectiveness.
Court Disposition
inadmissible for lack of exhaustion of local remedies
Orders
- The communication is declared inadmissible for failure to exhaust local remedies.
- The complainant may resubmit the case if local remedies are exhausted or shown to be unavailable, ineffective, or unreasonably prolonged.
Full Case Text
Judgment text and source record
10 paragraphs
### **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS**
## **ALBERTO T CAPITAO v. TANZANIA**
# **DECISION**
Citation: Capitao v. Tanzania, Comm. 53/91, 8th ACHPR AAR Annex VI (1994-1995) 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 384 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 314 (ACHPR 1995)
### COMPLAINT
[1] Alberto Capitao is a businessman and a former citizen of Zaire, presently resident in Angola. He sued the Tanzanian Film Company, a state-owned company, in Zairian court, and won a judgment of \$500,000 on 4 July 1984. The Embassy of Tanzania in Kinshasa was sued simultaneously with the Tanzanian Film Company. As of January, 1985, no appeal in the case had been filed. The Tanzanian Film Company failed to pay the judgment debt. The Tanzanian Film Company has no property in Zaïre; the only property of the Tanzanian State is the Embassy of Tanzania in Kinshasa, which is exempt from seizure under the tradition of diplomatic immunity. The complainant sought the intervention of the Foreign Ministries of Zaïre and Angola where he now resides to no avail.
[2] The complainant argues that he has been deprived of justice and in essence of the right to have his cause heard, since as an individual holding a judgment against a foreign state which refuses to pay, he has no recourse.
#### DECISION
[3] The Commission decided that the case was inadmissible on account of lack of exhaustion of local remedies. The case can be resubmitted when the local remedies have been properly exhausted or if the complainant proves that local remedies are unavailable, ineffective or unreasonably prolonged.