[2017] ACHPR 139

[2017] ACHPR 139

The Commission found that, although the applicant alleged violations of the right to property and fair hearing, and the facts indicated a continuing violation post-ratification, the exhaustion of local remedies requirement was not met. The applicant failed to pursue a constitutional challenge before the Constitutional Council regarding the laws conferring special prerogative powers to the Attorney General, which could have provided effective redress. The Commission emphasized that, in the absence of evidence that such remedies were unavailable or ineffective, failure to utilize them renders the communication inadmissible under Article 56(5) of the African Charter. The Commission also...

Citation
[2017] ACHPR 139
Parties
Applicant: Filimao Pedro Tivane; Respondent: Republic of Mozambique
Court
African Commission on Human and Peoples Rights
Jurisdiction
Uganda
Judgment Date
23 October 2017
Case Number
Communication 434 of 2012
Procedural Posture
Communication / Admissibility Ruling
Outcome
Communication declared inadmissible for failure to exhaust local remedies under Article 56(5) of the African Charter.
Legal Topics
Right to Property, Expropriation, Constitutional Review, Admissibility Requirements, Exhaustion of Local Remedies
Source Language
English
Constitutional Law Land and Property Right to Property Expropriation Constitutional Review Admissibility Requirements Exhaustion of Local Remedies

Case Brief

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Parties

Filimao Pedro Tivane

Applicant

Republic of Mozambique

Respondent

Procedural Posture

Communication / Admissibility Ruling

Legal Issues

  1. 1 Whether the communication satisfies the admissibility requirements under Article 56 of the African Charter.
  2. 2 Whether the alleged violations of Article 7(1)(c) and Article 14 of the African Charter fall within the Commission's competence ratione temporis.
  3. 3 Whether the applicant exhausted all available domestic remedies, particularly recourse to the Constitutional Council.

Ratio Decidendi

The Commission found that, although the applicant alleged violations of the right to property and fair hearing, and the facts indicated a continuing violation post-ratification, the exhaustion of local remedies requirement was not met. The applicant failed to pursue a constitutional challenge before the Constitutional Council regarding the laws conferring special prerogative powers to the Attorney General, which could have provided effective redress. The Commission emphasized that, in the absence of evidence that such remedies were unavailable or ineffective, failure to utilize them renders the communication inadmissible under Article 56(5) of the African Charter. The Commission also...

Court Disposition

Communication declared inadmissible for failure to exhaust local remedies under Article 56(5) of the African Charter.

Orders

  • The communication is inadmissible for non-compliance with Article 56(5) of the African Charter.
  • The decision is to be notified to the parties in accordance with Rule 107(3) of the Commission's Rules of Procedure.