AFRICAN UNION UNION AFRICAINE UNIÃO AFRICANA AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES Application 001/2012 (Review) Frank David Omary and Others v. United Republic of Tanzania Separate Opinion of Judge Fatsah Ouguergouz 1. Although I subscribe to the conclusions of the Court regarding the inadmissibility of the Application for Review of its Judgment of 28 March 2014, filed by Messrs Frank David Omary and Others on 28 June 2014, I believe that the Court should have spelt out more clearly the conditions that must be met for an Application for Review to be admissible under the Protocol and the Rules. In this regard, it was incumbent on the Court to clearly pronounce itself on certain ambiguities on this issue, in the Protocol and in the Rules, and to close the gaps in these two instruments by specifying the other essential conditions which an application for revision must meet to be declared admissible. I – The ambiguities in the Protocol and in the Rules 2. I would point out, in this respect, that the English and French versions of Article 28, paragraph 3, of the Protocol do not tally. This is certainly the reason why one of the three conditions set forth in this paragraph is not identical with that which is provided for in Rule 67, paragraph 1, of the Rules. 3. The French version of Article 28, paragraph 3, of the Protocol indeed allows the Court to revise its judgment in light of new evidence “which was not within its knowledge at the time the decision was delivered”; 1 the English version of this paragraph does not, for its part, contain such a condition.2                                                                                                                 1 “La Cour peut […] réviser son arrêt, en cas de survenance de preuves dont elle n’avait pas connaissance au moment de sa décision et dans les conditions déterminées dans le Règlement intérieur”. 2 “[…] the Court may review its decision in the light of new evidence under conditions to be set out in the Rules of Procedure”.

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