“The Registry has decided not to register your Application as it does not meet
any of the requirements provided by instruments governing the African Court on
Human and Peoples’ Rights”.*
To
avoid
any
clarification:
ambiguity,
the
Registrar
similarly
provided
the
following
“To be admitted, an Application must, among other conditions, be filed
against an African State that is Party to the African Charter on Human and
Peoples’ Rights and to the Protocol related thereto”.
9.
It is quite rightly that such requests, that the Court manifestly lacks
jurisdiction to deal with, were dealt with through an administrative channel. It is
moreover consistent with the practice in international jurisdictions such as the
International Court of Justice where it is an official of the Registry which is
entrusted with replying to requests filed by individuals, entities that do not have
a locus standi before the World Court.°
10.
It was equally through an administrative channel that the African Court
disposed of requests filed by States which are not members of the African
Union such as France® or Japan.
11.
Thus, in his reply to the request filed against Japan, the Deputy Registrar
of the Court stated as follows:
* Request filed by Mr, Karim Benadjal against France and the European Court of Human
Rights dated 3 January 2015 and rejected by letter from the Registrar dated 7 January 2015
Ref AFCHPR/Reg./Ext/004. 15).
Requests from individuals are indeed rejected by a letter from the Deputy Registrar worded
as follows:
“In reply to your letter dated xx, | regret to inform you that, by virtue of Article 34 of
the Statute of the International Court of Justice, "only States may be parties in cases before
the Court", and that only international organizations authorized within the meaning of
Article 65 of the Statute may request advisory opinions of the Court.
It follows that neither the Court nor its Members may consider applications from
private individuals or groups, provide them with legal advice, or assist them in their relations
with the authorities of any country.
letter.
That being so, you will, | am sure, understand that no action can be taken on your
Yours sincerely,”
® See the abovementioned request by Mr. Karim Benadjal, footnote 4.