Uganda Case Law

Ayed v Tunisian Republic (Application No. 008/2019)

Ayed v Tunisian Republic (Application No. 008/2019) [2025] AfCHPR 10 (5 February 2025)

Court

African Court on Human and Peoples Rights

Case number

Application No. 008/2019

Judge

Aboud P, Adjei J, Anukam J, Bensaoula J, Chizumila J, Gaswaga J, Mengue J, Ntsebeza J, Sacko VP, Tchikaya J

The Court found that the applicant did not exhaust available local remedies as required by Article 56(5) of the Charter and Rule 50(2)(e) of the Rules of Court. Tunisian law provides the applicant with avenues to initiate proceedings as an injured party if the Public Prosecutor fails to act, either by requesting an investigation or by direct summons before the court. The applicant neither completed criminal proceedings nor initiated civil proceedings before national courts, rendering the application premature. The Court held that the requirement to exhaust local remedies is a prerequisite for…

Source excerpt

• Exhaustion Of Local Remedies
• Right To Fair Trial
• Right To Non Discrimination
• Access To Public Services
• Judicial Independence