In the instant case, it is incontrovertible that the Applicant was resident in Qatar
and applied in Kuwait for his name to be registered on the electoral roll at the
Diplomatic Mission of Senegal in Kuwait. In compliance with the above-cited
law, Karim Meissa Wade should have brought his application before the Head of
the Diplomatic Mission in Kuwait to request for the restoration of his name on
the electoral roll. By choosing to bring his application before the Tribunal
d’Instance Hors Classe (TIHC) of Dakar, Karim Meissa Wade took the wrong
judicial step in seeking justice. It was therefore well-founded that the Tribunal
d’Instance Hors Classe (TIHC) of Dakar before which he came declared that it had
no jurisdiction to adjudicate upon the matter he brought. Thereafter, the appeal
he filed against the said order made by the TIHC was dismissed by the
Administrative Chamber of the Supreme Court.
The foregoing thus demonstrates that the Applicant exercised the effective
remedy available to him. The Republic of Senegal did not therefore violate the
Applicant’s right to effective remedy in so far as the text cited above made
provision for persons who may have claims in regard to their registration on the
electoral roll, to submit them.
FOR THESE REASONS
The Court,
Adjudicating in a public hearing, after hearing both Parties, in a matter on
human rights violation, in first and last resort,
Declares that it has jurisdiction to adjudicate on the dispute;
Declares that the Application filed by Karim Meissa Wade is admissible;
Declares however that the said Application is ill-founded;
Dismisses the Application;
Asks the Applicant to bear the costs.
Translator: E. Nkansah 13