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Constitutional Law [2021] AfCHPR 36

Abdlhafid v Republic of Tunisia (Application No. 033/2018)

Abdlhafid v Republic of Tunisia (Application No. 033/2018) [2021] AfCHPR 36 (25 June 2021)

The Court found that the applicant did not exhaust local remedies prior to filing the application, as proceedings regarding abuse of power were still pending before the Tunisian Administrative Court at the time of filing. The Court held that the time elapsed (one year, four months, and fifteen days) was not unduly prolonged and that the applicant should have awaited a final domestic decision before approaching the African Court. As exhaustion of local remedies is a cumulative and mandatory admissibility requirement under Article 56 of the Charter and Rule 50(2) of the Rules, the failure to me…

  • Judicial Independence
  • Exhaustion Of Local Remedies
  • State Sovereignty
  • Access To International Justice
  • Admissibility Requirements
  • Impartiality Of Judges
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