African Union
African Court on Human and Peoples’ Rights
In the Matter of:
Amir Adam Timan
v.
The Republic of the [sic] Sudan
Application 005/2012
African Court on Human and Peoples’ Rights
In the Matter of:
Amir Adam Timan
v.
The Republic of the [sic] Sudan
Application 005/2012
Decision
The Court composed of: Gerard NIYUNGEKO, President; Sophia A.B. AKUFFO, Vice-President; Modibo T. GUINDO, Fatsah OUGUERGOUZ, Augustino S.L. RAMADHANI, Duncan TAMBALA, Elsie N. THOMPSON and Sylvain ORE- Judges; and Robert ENO - Registrar,
In the matter of:
AMIR ADAM TIMAN
V.
THE REPUBLIC OF THE [sic] SUDAN
After deliberations,
makes the following decision:
1. By an application dated 25 February 2012, Barrister Mbu ne Letang, Lawyer residing in Kinshasa, filed a case to the Court on behalf of his client, Amir Adam Timan, a Sudanese national, and a native of Darfur, currently residing in the Democratic Republic of Congo, who has been accused by the Sudanese Government of being a member of an opposing force to the legitimate Government of The Sudan. The Applicant alleges violation of Articles 12(1)
, 2
, 3
, 4
and 13
of the International Convention [sic] on Civil and Political Rights.
2. Pursuant to the provisions of Rule 34(1) of the Rules of Court, the Registrar, by letter dated 14 March 2012, acknowledged receipt of the application.
3. The Court first observes that in terms of Article 5(3) of the Protocol, it “may entitle relevant Non-Governmental organizations (NGOs) with observer status before the Commission, and individuals to institute cases directly before it, in accordance with article 34(6) of this Protocol”.
4. The Court further notes that Article 34(6) of the Protocol provides that “At the time of the ratification of this Protocol or any time thereafter, the State shall make a declaration accepting the competence of the Court to receive cases under article 5(3) of this Protocol. The Court shall not receive any petition under article 5(3) involving a State Party which has not made such a declaration”.
5. By letter dated 30 March 2012, the Registrar inquired from the Legal Counsel of the African Union Commission if the Republic of The Sudan has made the Declaration required under Article 34(6) of the Protocol.
6. By email dated 12 April 2012, the Legal Counsel of the African Union Commission informed the Registrar that the Republic of The Sudan had not made such a declaration.
7. The Court observes that the Republic of The Sudan has not made the Declaration under Article 34(6).
8. In view of Articles 5(3) and 34(6) of the Protocol, it is evident that the Court manifestly lacks jurisdiction to receive the Application submitted on behalf of Amir Adam Timan, against the Republic of The Sudan.
Holding
9. For these reasons,
THE COURT,
Unanimously:
Decides that pursuant to Articles 5(3) and 34(6) of the Protocol, it manifestly lacks jurisdiction to receive the Application submitted on behalf of Amir Adam Timan, against the Republic of The Sudan, and the Application is accordingly struck out from the general list of the Court.
Done at Arusha, the thirtieth day of March, in the year Two Thousand and Twelve, in English and French, the English text being authoritative.
Signed:
Gerard NIYUNGEKO, President
Robed ENO, Registrar
In conformity with Article 28(7) of the Protocol and Rule 60(5) of the Rules of Court, Judge Fatsah OUGUERGOUZ appended a separate opinion to the present decision.
THE COURT,
Unanimously:
Decides that pursuant to Articles 5(3) and 34(6) of the Protocol, it manifestly lacks jurisdiction to receive the Application submitted on behalf of Amir Adam Timan, against the Republic of The Sudan, and the Application is accordingly struck out from the general list of the Court.
Done at Arusha, the thirtieth day of March, in the year Two Thousand and Twelve, in English and French, the English text being authoritative.
Signed:
Gerard NIYUNGEKO, President
Robed ENO, Registrar
In conformity with Article 28(7) of the Protocol and Rule 60(5) of the Rules of Court, Judge Fatsah OUGUERGOUZ appended a separate opinion to the present decision.