[1994] ACHPR 11
The Commission found that the complainant failed to respond to its requests for information regarding the exhaustion of local remedies. In the absence of evidence that local remedies had been pursued and exhausted, or that such remedies were unavailable or ineffective, the Commission was compelled to declare the...
Source-derived case information.
- Citation
- [1994] ACHPR 11
- Parties
- Applicant: Sana Dumbaya; Respondent: The Gambia
- Court
- African Commission on Human and Peoples Rights
- Jurisdiction
- Uganda
- Case Number
- Communication 127 of 1994
- Procedural Posture
- Human Rights Communication / Admissibility
- Outcome
- communication declared inadmissible for lack of exhaustion of local remedies
- Legal Topics
- Exhaustion of Local Remedies, Admissibility of Communications, Dismissal From Public Service
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Parties
Sana Dumbaya
Applicant
The Gambia
Respondent
Procedural Posture
Human Rights Communication / Admissibility
Legal Issues
- 1 Whether the complainant exhausted all available local remedies before approaching the Commission.
- 2 Whether the communication is admissible in light of the complainant's failure to respond to requests for information.
Ratio Decidendi
The Commission found that the complainant failed to respond to its requests for information regarding the exhaustion of local remedies. In the absence of evidence that local remedies had been pursued and exhausted, or that such remedies were unavailable or ineffective, the Commission was compelled to declare the communication inadmissible in accordance with Article 56(5) of the African Charter on Human and Peoples' Rights.
Court Disposition
communication declared inadmissible for lack of exhaustion of local remedies
Orders
- The communication is declared inadmissible.
Full Case Text
Judgment text and source record
12 paragraphs
### **AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Sixteenth Ordinary Session 25 October - 3 November 1994**
## **SANA DUMBAYA v.**
# **THE GAMBIA**
#### **DECISION**
#### BEFORE: CHAIRMAN: Prof. Isaac Nguema
VICE CHAIRMAN: Dr. Mohamed H. Ben Salem COMMISSIONERS: Prof. Emmanuel V. O. Dankwa, Mr. Sourahata B. Semega Janneh, Mr. Robert H. Kisanga, Dr. Vera V. B. S. Duarte-Martins, Dr. Ibrahim A. Badawi Ei-Sheikh, Prof. U. Oji Umozurike
Citation: Dumbaya v. Gam., Comm. 127/94, 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 103 (2002); Documents of the African Commission on Human and Peoples' Rights, at 397 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 103 (ACHPR 1995)
#### FACTS
1. Mr. Dumbuya complains that he was working as a registry clerk for the Ministry for Local Government and Lands from January to July 1992. In July 1992 he was dismissed under unclear circumstances, allegedly for leaking official secrets.
#### DECISION
2. The complainant has failed or neglected to respond to two requests by the Commission for information whether all local remedies have been exhausted. In the circumstances the Commission during its 16th Session declared the communication inadmissible on account of lack of exhaustion of local remedies.
.