005/12 Amir Adam Timan v. Sudan
10/11 Efoua Mbozo’o Samuel v. The Pan African Parliament (Separate Opinion - Fatsah Ouguergouz)
01/08 - Michelot Yogogombaye v. Senegal (Separate Opinion - Fatsah Ouguergouz)
12/11 National Convention of Teachers Trade Union (CONASYSED) v. Gabon (Separate Opinion -Fatsah Ouguergouz)
04/12 Emmanuel Joseph Uko and Others v South Africa (Separate Opinion - Fatsah Ouguergouz)
02/12 Delta International Investments SA, Mr. AGL De Lange and Mrs. M. De Lange v South Africa (Separate Opinion - Fatsah Ouguergouz)
008/11 Ekollo Alexandre v. Nigeria & Cameroon (Dissenting Opinion - Fatsah Ouguergouz)
Protocol to the African Charter on Human and Peoples’ Rights on the Establishment of an African Court on Human and Peoples’ Rights
6. At the time of the ratification of this Protocol or any time thereafter, the State shall make adeclaration 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.
01/08 Michelot Yogogombaye v Senegal
01/08 Michelot Yogogombaye v Senegal
39. The Court further notes that the second sentence of Article 34 (6) of the Protocol provides that "it shallnot receive any petition under Article 5 (3) involving a State Party which has not made such a declaration"(emphasis added). The word "receive" should not however be understood in its literal meaning as referringto "physically receiving" nor in its technical sense as referring to "admissibility". It should instead beinterpreted in light of the letter and spirit of Rule 34 (6) in its entirety and, in particular, in relation to theexpression "declaration accepting the competence of the Court to receive applications [emanating fromindividuals or NGOs]" contained in the first sentence of this provision. It is evident from this reading that theobjective of the aforementioned Rule 34 (6) is to prescribe the conditions under which the Court could hearsuch cases; that is to say, the requirement that a special declaration should be deposited by the concernedState Party, and to set forth the consequences of the absence of such a deposit by the State concerned.