[2012] ACHPR 7

[2012] ACHPR 7

The African Commission found that the applicant failed to exhaust local remedies as required by Article 56(5) of the African Charter. The Commission reasoned that Zimbabwean law allows for legal representation and does not require physical presence to access domestic courts. The applicant did not attempt to pursue any local remedies, nor did he provide sufficient evidence to substantiate claims of fear or ineffectiveness of the judicial system. The Commission held that general assertions of state non-compliance with court orders do not suffice to demonstrate that remedies are unavailable or ineffective. Furthermore, since local remedies were not exhausted, the requirement under Article...

Citation
[2012] ACHPR 7
Parties
Applicant: Givemore Chari; Respondent: Republic of Zimbabwe
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
1 March 2012
Case Number
Communication 351 of 2007
Procedural Posture
Communication / Admissibility Ruling
Outcome
communication declared inadmissible
Legal Topics
Exhaustion of Local Remedies, Admissibility Requirements, Right to Fair Trial, Protection Against Torture, Freedom of Association
Source Language
English
Constitutional Law Administrative Law Exhaustion of Local Remedies Admissibility Requirements Right to Fair Trial Protection Against Torture Freedom of Association

Case Brief

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Parties

Givemore Chari

Applicant

Republic of Zimbabwe

Respondent

Procedural Posture

Communication / Admissibility Ruling

Legal Issues

  1. 1 Whether the complaint meets the admissibility requirements under Article 56 of the African Charter.
  2. 2 Whether local remedies were available and sufficiently exhausted by the applicant before approaching the Commission.
  3. 3 Whether the complaint was submitted within a reasonable time as required by Article 56(6) of the African Charter.

Ratio Decidendi

The African Commission found that the applicant failed to exhaust local remedies as required by Article 56(5) of the African Charter. The Commission reasoned that Zimbabwean law allows for legal representation and does not require physical presence to access domestic courts. The applicant did not attempt to pursue any local remedies, nor did he provide sufficient evidence to substantiate claims of fear or ineffectiveness of the judicial system. The Commission held that general assertions of state non-compliance with court orders do not suffice to demonstrate that remedies are unavailable or ineffective. Furthermore, since local remedies were not exhausted, the requirement under Article...

Court Disposition

communication declared inadmissible

Orders

  • The Communication is declared inadmissible for non-compliance with Article 56(5) and (6) of the African Charter.
  • Notice of this decision shall be given to the parties in accordance with Rule 107(3) of the Rules of Procedure.