[2000] ACHPR 26

[2000] ACHPR 26

The Commission found that the complainant did not demonstrate exhaustion of domestic remedies as required by Article 56(5) of the African Charter. Despite repeated requests, neither party provided additional information regarding the exhaustion of local remedies. The Commission concluded that, on the face of the complaint and in the absence of evidence to the contrary, the admissibility requirement was not satisfied. Therefore, the communication was declared inadmissible.

Citation
[2000] ACHPR 26
Parties
Applicant: Motale Zacharia Sakwe; Respondent: Republic of Cameroon
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
6 November 2000
Case Number
Communication 230 of 1999
Procedural Posture
Human Rights Communication / Admissibility
Outcome
communication declared inadmissible
Legal Topics
Right to Personal Liberty, Prohibition of Torture, Due Process, Exhaustion of Local Remedies
Source Language
English
Constitutional Law Right to Personal Liberty Prohibition of Torture Due Process Exhaustion of Local Remedies

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Parties

Motale Zacharia Sakwe

Applicant

Republic of Cameroon

Respondent

Procedural Posture

Human Rights Communication / Admissibility

Legal Issues

  1. 1 Whether the complainant exhausted local remedies before approaching the Commission.
  2. 2 Whether the alleged violations of Articles 5, 6, and 7 of the African Charter are admissible for consideration.

Ratio Decidendi

The Commission found that the complainant did not demonstrate exhaustion of domestic remedies as required by Article 56(5) of the African Charter. Despite repeated requests, neither party provided additional information regarding the exhaustion of local remedies. The Commission concluded that, on the face of the complaint and in the absence of evidence to the contrary, the admissibility requirement was not satisfied. Therefore, the communication was declared inadmissible.

Court Disposition

communication declared inadmissible

Orders

  • The communication is declared inadmissible for failure to exhaust local remedies.