[2012] AfCHPR 2

[2012] AfCHPR 2

The African Court on Human and Peoples' Rights manifestly lacks jurisdiction to receive the application submitted on behalf of Amir Adam Timan against the Republic of the Sudan because Sudan has not made the declaration required under Article 34(6) of the Protocol. Article 5(3) entitles individuals to institute cases directly before the Court only if the respondent State has deposited such a declaration. The Court confirmed with the African Union Commission that Sudan has not made this declaration. Therefore, the Court cannot receive or examine the application, and it must be struck out from the general list. The absence of the declaration is a jurisdictional bar that cannot be overcome...

Citation
[2012] AfCHPR 2
Parties
Applicant: Amir Adam Timan; Respondent: The Republic of the Sudan
Court
African Court on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
30 March 2012
Case Number
Application No. 005/2012
Procedural Posture
Application / Jurisdictional Determination
Outcome
Application struck out for lack of jurisdiction.
Judges
Akuffo VP, Eno R, Guindo J, Niyungeko P, Orė J, Ouguergouz J, Ramadhani J, Tambala J, Thompson J
Legal Topics
Jurisdiction of Regional Courts, Individual Access to Court, Declarations Under Protocol, Admissibility Requirements
Source Language
English
Public International Law Constitutional Law Jurisdiction of Regional Courts Individual Access to Court Declarations Under Protocol Admissibility Requirements

Case Brief

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Parties

Amir Adam Timan

Applicant

The Republic of the Sudan

Respondent

Procedural Posture

Application / Jurisdictional Determination

Legal Issues

  1. 1 Whether the African Court on Human and Peoples' Rights has jurisdiction to receive an application from an individual against a State Party that has not made the declaration under Article 34(6) of the Protocol.
  2. 2 Whether the application by Amir Adam Timan against the Republic of the Sudan is admissible before the Court.

Ratio Decidendi

The African Court on Human and Peoples' Rights manifestly lacks jurisdiction to receive the application submitted on behalf of Amir Adam Timan against the Republic of the Sudan because Sudan has not made the declaration required under Article 34(6) of the Protocol. Article 5(3) entitles individuals to institute cases directly before the Court only if the respondent State has deposited such a declaration. The Court confirmed with the African Union Commission that Sudan has not made this declaration. Therefore, the Court cannot receive or examine the application, and it must be struck out from the general list. The absence of the declaration is a jurisdictional bar that cannot be overcome...

Court Disposition

Application struck out for lack of jurisdiction.

Orders

  • The Court unanimously decides that it manifestly lacks jurisdiction to receive the application submitted on behalf of Amir Adam Timan against the Republic of the Sudan.
  • The application is struck out from the general list of the Court.