005/11 Daniel Amare and Mulugeta Amare v. Mozambique and Mozambique Airlines AFRICAN COURT ON HUMAN AND PEOPLES' RIGHTS IN THE MATTER OF DANIEL AMARE AND MULUGETA AMARE v. REPUBLIC OF MOZAMBIQUE AND MOZAMBIQUE AIRLINES APPLICATION No. 005/2011 Decision The Court composed of: Gérard NIYUNGEKO, President, Sophia A,B AKUFFO, Vice President. Jean MUTSINZI, Bernard M. NGOEPE, Modibo T GUINDO, Fatsah OUGUERGOUZ, Joseph N MULENGA, Augustin() S L RAMADHANI, Duncan TAMBALA. Elsie N THOMPSON and Sylvan ORE -- Judges, and Robert ENO- Acting Registrar, In the matter of: DANIEL AMARE AND MULUGETA AMARE v. REPUBLIC OF MOZAMBIQUE AND MOZAMBIQUE AIRLINES Having regard to the above staled application and having deliberated thereon, the Court decides as follows: 1. The Applicants are two individuals whose application dated 21st January 2011, was received by the Court Registry on 16th March 2011 and was registered on 30th March 2011. On the latter date, the Registrar wrote to the Applicants acknowledging receipt of the application and observing that the application did not indicate exhaustion of local remedies. 2. Pursuant to Rule 35 (1) of the Rules of Court, the Registrar transmitted the application to the Judges on 8th April 2011, and thereafter, having regard to Article 34 (6) of the Protocol to the African Charter on Human and Peoples' Rights on the establishment of an African Court on Human and Peoples' Rights ("the Protocol"), the Court, on 10th and 16th June 2011, deliberated on its competence to hear the application. The Facts 3. In their application, the Applicants allege as follows, namely that: - In or about November 2008, having procured the requisite passports, visas and air tickets, they set out to travel to Maputo, Mozambique via Nairobi, Kenya. - At Nairobi, they transited from the Ethiopian Airlines to a Mozambique Airline flight to Maputo. - However, the flight did not take them to Maputo but landed in Pemba, Mozambique, where they were stranded for a period of twenty six (26) days. 4. The Applicants further allege that: - During that period, they were subjected by the Mozambique Immigration Officials to diverse hardships, including demands for bribes, which they resisted, confiscating of their passports and visas, robbery of $1000 from them, torture, and deportation to Dar-es-Salaam, 1

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