[2017] AfCHPR 7

[2017] AfCHPR 7

The Court found that the Applicants had not exhausted all available and effective local remedies as required by Article 56(5) of the Charter and Rule 40(5) of the Rules of Court. Specifically, the Applicants failed to bring a civil action before the investigating judge, a remedy recognized under Malian law as effective and sufficient for addressing their grievances. The Court held that the Applicants' assertion of undue delay was unsubstantiated, as they did not attempt to utilize the civil suit procedure, which would have allowed them to participate directly in the investigation and seek redress. The Court reaffirmed that exhaustion of local remedies is a mandatory prerequisite for...

Citation
[2017] AfCHPR 7
Parties
Applicant: Mr. and Mrs. Diakité; Respondent: Republic of Mali
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
28 September 2017
Case Number
Application No. 009/2016
Procedural Posture
Human Rights Application / Judgment
Outcome
application dismissed as inadmissible for failure to exhaust local remedies
Judges
Ben Achour J, Bensaoula J, Bossa J, Chizumila J, Eno R, Guissè J, Kioko VP, Matusse J, Mengue J, Mukamulisa J, Niyungeko J, Orè P
Legal Topics
Exhaustion of Local Remedies, Right to Fair Hearing, Right to Property, State Responsibility
Source Language
English
Constitutional Law Civil Procedure Exhaustion of Local Remedies Right to Fair Hearing Right to Property State Responsibility

Case Brief

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Parties

Mr. and Mrs. Diakité

Applicant

Republic of Mali

Respondent

Procedural Posture

Human Rights Application / Judgment

Legal Issues

  1. 1 Whether the Applicants exhausted all available and effective local remedies before approaching the African Court on Human and Peoples’ Rights.
  2. 2 Whether the alleged inaction of Malian authorities constituted a violation of the Applicants' rights under the African Charter and the International Covenant on Civil and Political Rights.

Ratio Decidendi

The Court found that the Applicants had not exhausted all available and effective local remedies as required by Article 56(5) of the Charter and Rule 40(5) of the Rules of Court. Specifically, the Applicants failed to bring a civil action before the investigating judge, a remedy recognized under Malian law as effective and sufficient for addressing their grievances. The Court held that the Applicants' assertion of undue delay was unsubstantiated, as they did not attempt to utilize the civil suit procedure, which would have allowed them to participate directly in the investigation and seek redress. The Court reaffirmed that exhaustion of local remedies is a mandatory prerequisite for...

Court Disposition

application dismissed as inadmissible for failure to exhaust local remedies

Orders

  • The Court has jurisdiction to hear the matter.
  • The Respondent’s objection regarding inadmissibility for failure to exhaust local remedies is upheld.