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Legal Defence Centre v Gambia (Communication 219 of 1998) [2000] ACHPR 18 (11 May 2000)
- Citation
- [2000] ACHPR 18
- Status
- Judgment
- Jurisdiction
- Uganda
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 219 of 1998
- Language
- English
More details
- Court
- African Commission on Human and Peoples Rights
- Posture
- Communication / Admissibility
- Case number
- Communication 219 of 1998
- Language
- English
On this page
Professional case brief
Research organized from the available case record
01
Holding and result
The Commission held that the complainant failed to exhaust available local remedies in the Gambia as required by Article 56(5) of the African Charter. The Commission reasoned that the victim does not need to be physically present in the country to pursue domestic remedies, as such action could be taken through counsel. The complaint was filed by an NGO based in Nigeria, and there was no evidence that any attempt was made to seek redress through Gambian legal or administrative processes. The Commission concluded that the complainant should have first pursued remedies in the Gambia before approaching the Commission, and therefore declared the communication inadmissible.
Court disposition
communication declared inadmissible
Orders
- The communication is declared inadmissible for failure to exhaust local remedies.
02
Material facts
Parties
Legal Defence Centre
ApplicantGambia
Respondent03
Procedural history
Posture
Communication / Admissibility
04
Questions and positions
Legal issues
- 01
Whether the complainant exhausted available local remedies in the Gambia before approaching the African Commission.
- 02
Whether the deportation of Mr. Sule Musa violated rights under Articles 7, 9, 12(4), 2, 4, 5 and 15 of the African Charter.
- 03
Whether the complainant's inability to pursue remedies in Gambia due to the subsisting deportation order constitutes undue prolongation of local remedies.
Party arguments
- Applicant
- The applicant argued that no domestic remedies were available for Mr. Sule Musa in the Gambia because the deportation order was still subsisting, rendering him unable to seek redress through any legal or administrative process. The applicant maintained that the circumstances disabled Mr. Musa from invoking local remedies and justified direct recourse to the Commission.
- Respondent
- The respondent did not submit any arguments or responses despite repeated requests from the Commission and the Secretariat for information and submissions regarding the availability of local remedies.
05
Court’s reasoning
Legal principles
- 01
Article 56(5) of the African Charter on Human and Peoples' Rights
Communications must be considered only after exhausting local remedies, unless such remedies are unduly prolonged.
06
Ratio, limits and disposition
Ratio decidendi
The Commission held that the complainant failed to exhaust available local remedies in the Gambia as required by Article 56(5) of the African Charter. The Commission reasoned that the victim does not need to be physically present in the country to pursue domestic remedies, as such action could be taken through counsel. The complaint was filed by an NGO based in Nigeria, and there was no evidence that any attempt was made to seek redress through Gambian legal or administrative processes. The Commission concluded that the complainant should have first pursued remedies in the Gambia before approaching the Commission, and therefore declared the communication inadmissible.
Obiter and limits
- The Commission noted that the absence of submissions from the respondent did not affect the requirement for exhaustion of local remedies.
- Physical absence from the country does not preclude the pursuit of domestic remedies through legal representation.
Court disposition
communication declared inadmissible
- The communication is declared inadmissible for failure to exhaust local remedies.
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
11 May 2000 Communication No. 219/98
AFRICAN COMMISSION ON HUMAN AND PEOPLES' RIGHTS Twenty-Seventh Ordinary Session 27 April - 11 May 2000
LEGAL DEFENCE CENTRE
v.
GAMBIA
DECISION
BEFORE: CHAIRMAN: Professor E. V. O. Dankwa VICE CHAIRPERSON: Mrs. Julienne Ondziel-Gnelenga COMMISSIONERS: Professor Isaac Nguema, Dr. Hatem Ben Salem, Mr. Kamel RezagBara, Dr. Nyameko Barney Pityana, Mr. Andrew Ranganayi Chigovera, Mrs. Vera Mlangazuwa Chirwa, Mrs. Jainaba Johm
Citation: Legal Def. Ctr. v. Gam., Comm. 219/98, 13th ACHPR AAR Annex V (1999- 2000)
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 123 (2002); Documents of the African Commission on Human and Peoples' Rights, Vol. 2, at 187 (Malcolm D. Evans & Rachel Murray eds., 2009); (2000) AHRLR 121 (ACHPR 2000)
RAPPORTEUR
24th Session: Commissioner Badawi
25th Session: Commissioner Badawi
26th Session: Commissioner Pityana
27th Session: Commissioner Chigovera
SUMMARY OF FACTS
- 1. The complainant is an NGO based in Nigeria and has observer status with the African Commission on Human and Peoples' Rights. - 2. The complainant alleges the illegal deportation of a Nigerian National from The Gambia. - 3. It is alleged that the deportee, Mr. Sule Musa, was a journalist with the Daily Observer a Gambian newspaper. - 4. It is alleged that Mr. Sule Musa was arrested within the premises of his office by Corporal Nyang.
After his arrest he was taken to the Bakau Police Station from where he was directed to surrender his
International Passport. He was then driven home to pick his passport and afterwards taken to the Police headquaters in Banjul, and from there to the Immigration Department, where he was told he was being deported to go and face trials for crimes he committed in Nigeria.
5. It is alleged that on arrival at the airport on 9 June 1998, Mr. Sule Musa was neither allowed food, water or a bath until 10 June 1998 after he had been served with his deportation order for being an
"undesirable alien".
- 6. Complainant alleges that Mr. Sule Musa was being deported for his writings in the Daily Observer on certain diverse issues concerning Nigeria, under the Military regime of General Sani Abacha. - 7. It is alleged that upon his arrival in Nigeria there was no immigration or police officer to arrest him for the purported crimes he had committed in Nigeria. - 8. Furthermore, the complainant alleges that Mr. Sule Musa was not allowed to take any of his personal effects before he was deported. Inevitably his property is in the Gambia while he is in Nigeria and cannot return as the deportation order still subsists.
COMPLAINT
9. The complainant alleges that the following Articles of the African Charter on Human and Peoples' Rights have been violated:
Articles 7, 9, 12(4), 2, 4, 5 and 15.
PROCEDURE
10. The complaint is dated 27 July 1998 and was received at the Secretariat of the Commission on 9 September 1998.
- 11. At the 24th ordinary session, the Commission decided to be seized of the complaint and parties were informed accordingly. - 12. The Commission at its 25th ordinary session held in Bujumbura, Burundi, postponed consideration of the communication to the next session while requesting the Secretariat to investigate whether the complainant could have recourse to the local courts in the Gambia. - 13. Letters were sent to the parties by the Secretariat requesting for additional information on the availability of local remedies but no response has been received. - 14. Furthermore, the Secretariat established contact with the Attorney General of the Gambia and solicited her assistance. This resulted in a meeting on 10 March 2000, at the Secretariat of the Commission between the State Counsel in the Department of State for Justice and the Legal Officer at the Secretariat. The State Counsel promised to send their submissions on all the complaints but the submissions promised were not sent.
LAW ADMISSIBILITY
15. Article 56(5) of the Charter provides:
"Communications…shall be considered if they: …are sent after exhausting local remedies, if any, unless it is obvious that this procedure is unduly prolonged."
- 16. The complainant had argued that no domestic remedies are available for Mr. Musa inside the Gambia as the deportation order was still subsisting. And in consequence that Mr. Musa is disabled in seeking redress by invoking any legal or administrative process. - 17. The Commission observed that the victim does not need to be physically in a country to avail himself of available domestic remedies, such could be done through his counsel. In the instant case, it noted that the complaint was filed by a Human Rights NGO based in Lagos, Nigeria. Rather than approach the Commission first, the complainant ought to have exhausted available local remedies in the Gambia. The Commission therefore concludes that the complainant has failed to comply with the provision of Article 56(5) of the Charter.
FOR THE ABOVE REASONS, THE COMMISSION declares the communication inadmissible.
Done in Algiers, Algeria on 11 May 2000.
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