Arusha, Tanzania
Website: www.african-court.org
Telephone: +255-272-510-510
JUDGMENT SUMMARY
The Court observed that pursuant to Article 6(2) of the Protocol, it must rule on the admissibility
of all cases brought before it. In respect of this Application, the Respondent State raised an
objection to the admissibility of the Application based on the non-exhaustion of local remedies.
Regarding the Respondent State’s objection that the Applicant failed to exhaust local
remedies, the Court found that the Applicant had exhausted local remedies since the
Respondent State’s Court of Appeal, the highest judicial organ in the Respondent State, had
upheld his conviction and sentence, following proceedings in which the Respondent State had
the opportunity to address the violations alleged by the Applicant as arising from his trial and
appeals. For this reason, the Court dismissed the Respondent State’s objections to the
admissibility of the Application.
The Court observed that no objection had been raised with respect to the other admissibility
requirements, nonetheless, in line with Rule 50(1) of the Rules of Court (the Rules), it
assessed all admissibility criteria provided for in Rule 50(2) of the Rules, which in substance
restates the provisions of Article 56 of the Charter, to ensure that the Application fulfilled the
necessary standards.
Accordingly, the Court held that the Applicant had been clearly identified by name, in fulfilment
of Rule 50(2)(a) of the Rules. It also held that the allegations by the Applicant sought to protect
his rights in line with Article 3(h) of the objectives of the Constitutive Act of the African Union,
and thus the Application complied with Rule 50(2)(b) of the Rules.
Furthermore, the Court found that the language used in the Application was not disparaging
or insulting to the Respondent State or its institutions, in fulfilment of Rule 50(2)(c) of the Rules.
The Application was also not based exclusively on news disseminated through mass media,
as it was based on court documents from the domestic courts of the Respondent State, in
fulfilment of Rule 50(2)(d) of the Rules.
With regard to the requirement that the Application be submitted within a reasonable time, the
Court noted that the final decision of the Court of Appeal of Tanzania was delivered on 30
August 2019 and the Applicant filed his Application before this Court on 15 November 2019,
3