AFRICAN
a
UNION
UNION AFRICAINE
ala
UNIAO AFRICANA
AFRICAN COURT ON HUMAN AND PEOPLES’ RIGHTS
COUR AFRICAINE DES DROITS DE L’HOMME ET DES PEUPLES
Frank D. Omary and others v, The United Republic of Tanzania
(Application No. 001/2012)
Separate Opinion of Judge Fatsah Ouguergouz
1. Though | am also in favour of rejecting the application filed by Mr. Frank
David Omary and others against the United Republic of Tanzania, I am of the
view that the Court ought to have declared that it does not have jurisdiction
ratione temporis to deal with the alleged violations of human rights drawn from
the non-payment of the totality of their pension and severance benefits and that
consequently, it ought to have considered the admissibility of the application
only with regard to the alleged violations of the rights of the Applicants in
relation to the police brutalities which are said to have taken place after the
reading of the judgment of the High Court of Tanzania on 23 May 2011. The
only preliminary issue that will be dealt with here will therefore be the temporal
jurisdiction of the Court.
2. The Respondent State deposited its instruments of ratification of the Charter
and of the Protocol on 9 March 1984 and 10 February 2006, respectively; it
deposited the optional declaration of compulsory jurisdiction of the Court on 9
March 2010. It is therefore this latter date which is critical in determining the
jurisdiction of the Court to hear cases of violation under the Charter or any other
relevant human rights instrument ratified by the Respondent State.
3. Consequently, if the Court is seized of an individual application against the
Respondent State, which alleges the violation of a right founded on facts which
occurred before 9 March 2010, it does not in principle have jurisdiction to deal
with such an allegation.
NaS
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