[2012] AfCHPR 4

[2012] AfCHPR 4

The African Court on Human and Peoples' Rights manifestly lacks jurisdiction to entertain the application submitted by Baghdadi Ali Mahmoudi against the Republic of Tunisia because Tunisia has not made the declaration required under Article 34(6) of the Protocol. The Protocol explicitly provides that the Court shall...

Source-derived case information.

Citation
[2012] AfCHPR 4
Parties
Applicant: Baghdadi Ali Mahmoudi; Respondent: Republic of Tunisia
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
26 June 2012
Case Number
Application No. 007/2012
Procedural Posture
Miscellaneous Application / Jurisdictional Ruling
Outcome
application rejected for want of jurisdiction
Legal Topics
Jurisdiction of Regional Courts, Declarations Under Protocol, Exhaustion of Local Remedies
Source Language
english
Constitutional Law Jurisdiction of Regional Courts Declarations Under Protocol Exhaustion of Local Remedies

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Parties

Baghdadi Ali Mahmoudi

Applicant

Republic of Tunisia

Respondent

Procedural Posture

Miscellaneous Application / Jurisdictional Ruling

Legal Issues

  1. 1 Does the African Court on Human and Peoples' Rights have jurisdiction to entertain an application against a State Party that has not made the declaration under Article 34(6) of the Protocol?
  2. 2 Can the Court grant interim measures in the absence of prima facie jurisdiction?

Ratio Decidendi

The African Court on Human and Peoples' Rights manifestly lacks jurisdiction to entertain the application submitted by Baghdadi Ali Mahmoudi against the Republic of Tunisia because Tunisia has not made the declaration required under Article 34(6) of the Protocol. The Protocol explicitly provides that the Court shall not receive any petition under Article 5(3) involving a State Party which has not made such a declaration. As a result, the Court cannot consider the merits of the application or grant any interim measures, since prima facie jurisdiction is absent. The exhaustion of local remedies is rendered moot in light of the jurisdictional bar. The decision is unanimous, and the...

Court Disposition

application rejected for want of jurisdiction

Orders

  • The Court lacks jurisdiction to receive the application submitted by Baghdadi Ali Mahmoudi against the Republic of Tunisia.
  • The request for provisional measures is denied.