4.
I shall start by noting that, in his request, Mr, Falana makes no reference
to the provisions of the Protocol relating to the Court’s jurisdiction in
contentious matters (Articles 3 and 5); he merely indicates that
“the Application [is brought] pursuant to Rule 29 of the Rules of the African
Court which provides that “the Court may also, if it deems it necessary, hear,
under rule 45 of the Rules the individual or NGO that initiated a Communication
to the Commission pursuant to Article 55 of the Charter”,
5,
This request, which the Registry did not notify to the
Commission nor to other entities listed in Article 35 (3) of the
Court, ought therefore to have been dealt with by way of
administrative action, in other words rejected de plano by letter
Registrar same as in all other cases recently dealt with by the Court
it manifestly lacked jurisdiction.”
African
Rules of
a simple
from the
in which
6.
It was indeed by office mail signed by the Registrar or Deputy
Registrar that “Applications” filed by individuals against non-State entities
such as the European Court of Human Rights or the Conférence
Interafricaine des Marchés des Assurances (CIMA) were rejected.
7.
In his reply to the author of the latter request, the Registrar thus stated as
follows:
“[...] | would like to inform you that the Court has no jurisdiction to hear such an
appeal for two main reasons:
1) The Court only receives petitions against States
(Article 3 of the Protocol). 2) ae
8.
In the reply to the request filed against the European Court of Human
Rights (and France), the Registrat stated that:
? Until the 26 June 2014 decision by the Court dismissing the Application filed against
Tunisia (Baghdadi Ali Mahmoudi v. the Republic of Tunisia), Applications filed against
African States that are not Parties to the Protocol or have not made the optional declaration
under Article 34 of the Protocol were subject to judicial determination by the Court and
dismissed by a decision of the latter (see my separate opinion appended to this decision of 26
June 2014); after this date, similar Applications
administrative action (letter from the Registry).
were dismissed
by way
of a simple
* Letter from the Registrar dated 26 June 2015 (Ref AFCHPR/Reg,/06/008) in reply to Mr.
Roger Kamdem’s request against CIMA received at the Registry on 10 June 2015 and dated
19 [sic] June 2015.