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Capitao v Tanzania (Communication 53 of 1990) [2017] ACHPR 1 (13 July 2017)
- Citation
- [2017] ACHPR 1
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Public International Law / Admissibility
- Case number
- Communication 53 of 1990
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Public International Law / Admissibility
- Case number
- Communication 53 of 1990
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The African Commission found that the applicant had not exhausted available local remedies in Tanzania as required by article 56 of the African Charter and Rule 114 of the Rules of Procedure. The failure to pursue domestic legal avenues rendered the communication inadmissible before the Commission. The exhaustion of local remedies is a mandatory procedural requirement for admissibility, and its absence precludes consideration of the merits of the communication.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible for failure to exhaust local remedies as required by article 56 of the Charter and Rule 114 of the Rules of Procedure.
02
Material facts
Parties
Alberto T Capitao
ApplicantTanzania
Respondent03
Procedural history
Posture
Public International Law / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the applicant exhausted local remedies as required by article 56 of the African Charter on Human and Peoples' Rights.
- 02
Whether the communication is admissible before the African Commission on Human and Peoples' Rights.
Party arguments
- Applicant
- The applicant submitted a communication seeking recovery of money, alleging violations under the African Charter on Human and Peoples' Rights.
- Respondent
- The respondent argued that the applicant had not exhausted local remedies as required by article 56 of the Charter and Rule 114 of the Rules of Procedure, rendering the communication inadmissible.
05
Court’s reasoning
Legal principles
- 01
Article 56 of the African Charter on Human and Peoples' Rights
A communication before the African Commission must satisfy the requirement of exhaustion of local remedies.
- 02
Rule 114 of the Rules of Procedure of the African Commission on Human and Peoples' Rights
The Rules of Procedure of the African Commission require exhaustion of local remedies for admissibility.
06
Ratio, limits and disposition
Ratio decidendi
The African Commission found that the applicant had not exhausted available local remedies in Tanzania as required by article 56 of the African Charter and Rule 114 of the Rules of Procedure. The failure to pursue domestic legal avenues rendered the communication inadmissible before the Commission. The exhaustion of local remedies is a mandatory procedural requirement for admissibility, and its absence precludes consideration of the merits of the communication.
Court disposition
communication declared inadmissible
- The communication is declared inadmissible for failure to exhaust local remedies as required by article 56 of the Charter and Rule 114 of the Rules of Procedure.
Source and reliance status
African Commission on Human and Peoples Rights
This page organises the available record for research. Confirm quotations, current status, and subsequent treatment against the official source before relying on the case.
Judgment reading view
Judgment text
The complete available source text.
African Commission on Human and Peoples Rights
Judgment
Undated Communication No. 53/90
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS
ALBERTO T CAPITAO v.
TANZANIA
DECISION
Citation: Capitao v. Tanzania, Comm. 53/90, 7th ACHPR AAR Annex IX (1993-1994) Publications: IHRDA, Compilation of Decisions on Communications of the African Commission On Human and Peoples' Rights Extracted from the Commission's Activity Reports 1994-2001, at 353 (2002); Documents of the African
> Commission on Human and Peoples' Rights, at 346 (Malcolm D. Evans & Rachel Murray eds., 2001); (2000) AHRLR 313 (ACHPR 1994)
COMMUNICATION ON RECOVERY OF MONEY, DATED MARCH 26, 1991
FINAL DECISION
[1] "The Commission decides that local remedies have not been exhausted as required by article 56 of the Charter and 114 of the Rules of Procedure and therefore declares the communication inadmissible".
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