[2000] ACHPR 20

[2000] ACHPR 20

The Commission found that the applicant did not contest the expulsion order through Gabon's judicial system and that his return to Gabon was the result of a political decision rather than the exhaustion of legal remedies. The principle of exhaustion of local remedies requires that the respondent state be given the opportunity to redress the alleged injury within its own judicial framework. Since the applicant did not pursue available judicial remedies in Gabon, the communication failed to meet the admissibility requirements under Article 56(5) of the African Charter. The Commission therefore declared the communication inadmissible for nonexhaustion of local remedies.

Citation
[2000] ACHPR 20
Parties
Applicant: Mohammed Lamine Diakité; Respondent: Republic of Gabon
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
11 May 2000
Case Number
Communication 73 of 1992
Procedural Posture
Human Rights Communication / Admissibility Decision
Outcome
communication_inadmissible
Legal Topics
Exhaustion of Local Remedies, Admissibility of Communications, Expulsion of Foreign Nationals
Source Language
English
Public International Law Administrative Law Exhaustion of Local Remedies Admissibility of Communications Expulsion of Foreign Nationals

Case Brief

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Parties

Mohammed Lamine Diakité

Applicant

Republic of Gabon

Respondent

Procedural Posture

Human Rights Communication / Admissibility Decision

Legal Issues

  1. 1 Whether the communication is admissible under Article 56 of the African Charter on Human and Peoples' Rights.
  2. 2 Whether the applicant exhausted local remedies before approaching the Commission.
  3. 3 Whether the expulsion and subsequent return of the applicant constituted a violation of the Charter.

Ratio Decidendi

The Commission found that the applicant did not contest the expulsion order through Gabon's judicial system and that his return to Gabon was the result of a political decision rather than the exhaustion of legal remedies. The principle of exhaustion of local remedies requires that the respondent state be given the opportunity to redress the alleged injury within its own judicial framework. Since the applicant did not pursue available judicial remedies in Gabon, the communication failed to meet the admissibility requirements under Article 56(5) of the African Charter. The Commission therefore declared the communication inadmissible for nonexhaustion of local remedies.

Court Disposition

communication_inadmissible

Orders

  • The communication brought by Mr. Mohammed Lamin Diakite is declared inadmissible for nonexhaustion of local remedies.